Legal Opinion

French v. Smith

Supreme Court of Vermont

Decided February 15, 1827PublishedCited by 15 opinions

This was trespass on the case for a malicious prosecution. By the report of the trial, which was had before the Supreme Court, at their June term for this county, in A. D. 1825, the case, so far as there is occasion to state it, appeared to be in substance as follows : — In A. D. 1816, the defendant, James Smith, jr., taught a school in the neighborhood of the plaintiff’s father., at which the plaintiff attended as a scholar.

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This was trespass on the case for a malicious prosecution. By the report of the trial, which was had before the Supreme Court, at their June term for this county, in A. D. 1825, the case, so far as there is occasion to state it, appeared to be in substance as follows : — In A. D. 1816, the defendant, James Smith, jr., taught a school in the neighborhood of the plaintiff’s father., at which the plaintiff attended as a scholar. Said defendant owned a yellow •boxwood scale, of the description called Gunter’s scale, which he kept in the school house for purposes of instruction.. An unfriendly…

1Opinion of the Court

After argument, the opinion of the Court was delivered to the following effect, by

Royce, J.

In this case two principal questions are presented ; 1st*, Whether the verdict should be set aside and a nonsuit entered ; and 2nd. Whether a new trial should be granted, either for a misdirection to the jury in point of law, or for the matter disclosed in relation to one of the jurors..

The motion for a nonsuit necessarily supposes the question of probable cause, in this kind of action, to be solely a question of law, for the decision of the Court. And it is so, when it depends wholly on the evidence of…

2Cases cited1 opinion

  1. Deming v. HurlbutSupreme Court of Vermont · 1824

3Cited by15 opinions

  1. State v. GreerWest Virginia Supreme Court · 1883
  2. Vinal v. CoreWest Virginia Supreme Court · 1881
  3. Barron v. MasonSupreme Court of Vermont · 1858
  4. Northern Oil Company, Inc. v. Socony Mobil Oil Company, Inc.Court of Appeals for the Second Circuit · 1965
  5. Rhoades v. El Paso & S. W. Ry. Co.Texas Commission of Appeals · 1923

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