Legal Opinion

Spangler v. Booze

Supreme Court of Virginia

Decided December 1, 1904PublishedCited by 5 opinions

Error to a judgment rendered by the pircuit Court of Botetourt county, in an action of trespass on the case for a malicious prosecution, wherein the plaintiff in error was the plaintiff, and the defendant in error was the defendant.

1Opinion of the Court

Harrison, J.,

delivered the opinion .of the court.

This action of trespass on the case was brought by the plaintiff in error to recover of the defendant in error damages for having maliciously and without probable cause procured the issuance and execution of a search warrant, charging the plaintiff in error with the theft of certain apples.

*277A demurrer to the declaration was sustained by the Circuit Court, and from that judgment a writ of error was awarded, bringing the case here for review.

The declaration is in the usual form, its salient averments being that the defendant, A. T. Booze,…

2Cases cited5 opinions

  1. Carey v. SheetsIndiana Supreme Court · 1879
  2. Miller v. BrownSupreme Court of Missouri · 1832
  3. Olson v. TveteSupreme Court of Minnesota · 1891
  4. Whitson v. MayIndiana Supreme Court · 1880
  5. Ogden v. Columbian InsuranceNew York Supreme Court · 1813

3Cited by5 opinions

  1. Keller v. ButlerNew York Court of Appeals · 1927
  2. Snyder v. City of AlexandriaDistrict Court, E.D. Virginia · 1994
  3. Hardin v. HightSupreme Court of Arkansas · 1913
  4. Peterson v. CleaverOregon Supreme Court · 1928
  5. Scott v. Citizens' Hardware & Furniture Co.Supreme Court of Louisiana · 1934

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