Legal Opinion

Clark v. Baldwin

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 5 opinions

Error from Franklin District Court. July 30th, 1879, defendant in error (plaintiff below) filed in the district court of Franklin county the following petition (court and title omitted); “Plaintiff, John Baldwin, for cause of action against the defendant, David M. Clark, states the following facts: That on or about the 21st day of December, 1878, at the said county of Franklin, the defendant maliciously, unlawfully and without any probable cause, caused the plaintiff to be…

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Error from Franklin District Court. July 30th, 1879, defendant in error (plaintiff below) filed in the district court of Franklin county the following petition (court and title omitted); “Plaintiff, John Baldwin, for cause of action against the defendant, David M. Clark, states the following facts: That on or about the 21st day of December, 1878, at the said county of Franklin, the defendant maliciously, unlawfully and without any probable cause, caused the plaintiff to be arrested by then and there making and filing before S. De-vore, one of the justices of the peace of said county, then…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

Two objections are urged against the judgment. One is, that lihe evidence is insufficient to justify the verdict; the other is, that the damages allowed by the jury are excessive.

Of these in their order. It was said by Mr. Justice VALENTINE, speaking for the court, in Dolbe v. Norton, 22 Kas. 105, that “where a person acting in good faith, and under the advice of counsel learned in the law, mistakenly institutes a prosecution against another person who is not liable, and the prosecution fails, the prosecutor docs not thereby render…

2Cases cited2 opinions

  1. Malone v. MurphySupreme Court of Kansas · 1864
  2. Dolbe v. NortonSupreme Court of Kansas · 1879

3Cited by5 opinions

  1. Atchison, Topeka & Santa Fe Railroad v. BrownSupreme Court of Kansas · 1897
  2. St. Louis, I. M. & S. Ry. Co. v. LewisSupreme Court of Oklahoma · 1913
  3. Haines v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1921
  4. Rowe v. Glen Elder State BankSupreme Court of Kansas · 1931
  5. Haines v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1921

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