Legal Opinion

Gilbertson v. Fuller

Supreme Court of Minnesota

Decided May 2, 1889PublishedCited by 17 opinions

Appeal by defendants from an order of the district court for Wilkin county, C. L. Brown, J., presiding, refusing a ■ new trial after verdict of $600 for plaintiff.

1Opinion of the CourtCollins, J.

This is an action to recover damages for an alleged malicious criminal prosecution instituted by these defendants against the plaintiff. The latter secured a verdict, and from an order refusing a new trial the defendants appeal. As we. regard the case, the only question which we need review is the soundness of that portion of the charge to the jury wherein the court stated that no cause for the arrest and prosecution complained of by this plaintiff had been shown, and that, as a matter of law, there was a want of probable cause for the-arrest and prosecution. There is little or no dispute…

2Cases cited4 opinions

  1. State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884
  2. Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
  3. Moore v. Northern Pacific RailroadSupreme Court of Minnesota · 1887
  4. Casey v. SevatsonSupreme Court of Minnesota · 1883

3Cited by17 opinions

  1. Smith v. MunchSupreme Court of Minnesota · 1896
  2. Rosvall v. ProvostSupreme Court of Minnesota · 1968
  3. El Reno Gas & Electric Co. v. SpurgeonSupreme Court of Oklahoma · 1911
  4. Brodrib v. DobersteinSupreme Court of Connecticut · 1928
  5. Cox v. LauritsenSupreme Court of Minnesota · 1914

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