Schultz v. Huebner
Michigan Supreme Court
Error to Saginaw; McKnigbt, J. Case by Frederick Schultz against August Huebner for malicious prosecution and false imprisonment. From a judgment for plaintiff, defendant brings error. The declaration contains two counts, — one for malicious prosecution, the other for false imprisonment. At the conclusion of the proofs, plaintiff withdrew the count for malicious prosecution.
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Error to Saginaw; McKnigbt, J. Case by Frederick Schultz against August Huebner for malicious prosecution and false imprisonment. From a judgment for plaintiff, defendant brings error. The declaration contains two counts, — one for malicious prosecution, the other for false imprisonment. At the conclusion of the proofs, plaintiff withdrew the count for malicious prosecution. The case was submitted to the jury upon the count for false imprisonment, and a verdict rendered for the plaintiff for his actual damages, $45. The defendant made a criminal complaint against the plaintiff, under 3 How.…
1Opinion of the CourtGrant, J.
'{after stating the facts). We think the court erred in his instruction that the complaint and warrant were void. The question whether an offense was charged must be determined by the words alleged to con*276stitute tbe offense, and not by the inference of the affiant therefrom. The language clearly imputed degrading acts to the defendant, and the court was not deprived of jurisdiction because he chose to say that it was a crime rather than an infamous or degrading act. It is not necessary under this statute that the libelous words should impute a specific crime, or that some specific infamous or…
2Cases cited5 opinions
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Hill v. TaylorMichigan Supreme Court · 1883
- Murphy v. WaltersMichigan Supreme Court · 1876
- Love v. WoodMichigan Supreme Court · 1885
- Ward v. CozzensMichigan Supreme Court · 1854
3Cited by2 opinions
- Mundy v. McDonaldMichigan Supreme Court · 1921
- Norberg v. City of MuskegonMichigan Court of Appeals · 1981