Lenoir v. Marlin
Court of Appeals of Texas
Appeal from Falls. Tried below before Hon. John H. Henderson (exchanging with Hon. S. R. Scott). This is an appeal from a judgment for $500 recovered by Marlin, the appellee, against appellant, Lenoir, damages for malicious prosecution.
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Appeal from Falls. Tried below before Hon. John H. Henderson (exchanging with Hon. S. R. Scott). This is an appeal from a judgment for $500 recovered by Marlin, the appellee, against appellant, Lenoir, damages for malicious prosecution. It is assigned as error, the “finding as a matter of law that the advice of the county attorney given in this case was not a bar to the recovery in this suit, but was to be taken by the court, with other facts, to aid in determining the question of probable cause, or the want thereof, and the question of malice vel non; because the uncontradicted evidence…
1Opinion of the Court
KEY, Associate Justice.
Suit by appellee for damages. His petition contains two counts, one charging malicious prosecution, and the other slander. The case was tried without a jury, and resulted in a finding against appellant on the count for malicious prosecution, the damages being assessed at $500.
We adopt the trial judge’s conclusions of facts, except the finding that a want of probable cause and malice were shown. The evidence shows clearly, that before making the complaints charging appellee with theft and receiving property knowing it to have been stolen, appellant laid the matter before…
2Cases cited1 opinion
- Sebastian v. CheneyTexas Supreme Court · 1894
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