Dolbe v. Norton
Supreme Court of Kansas
Error from Osage District Court. Action for false imprisonment, malicious prosecution, and libel, brought by Dolbe against Norton. Trial at the April Term, 1877, of the district court, and judgment for the defendant. Dolbe brings the case here.
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Error from Osage District Court. Action for false imprisonment, malicious prosecution, and libel, brought by Dolbe against Norton. Trial at the April Term, 1877, of the district court, and judgment for the defendant. Dolbe brings the case here. The defendant, when he commenced the criminal prosecution in question, had no right to rely upon the opinion, decision and advice given him by the justice of the peace before whom he began such prosecution — citing Annibal v. Hunter, 6 Pr. 255; 1 Code (N. S.), 403; Sayles v. Worden, 6 Pr. 84; Buddington v. Davis, id. 401; Murphy v. Larson, 77 111. 172;…
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
This was. an action for false imprisonment, malicious prosecution, and libel. Each cause of action was set forth in the petition in a separate count, and all were founded upon a criminal prosecution commenced before a justice of the peace by the defendant as complainant against the plaintiff, for an alleged larceny of a steer belonging to the defendant. The defendant answered, setting up two defenses: First, a general denial; second, new matter purporting to constitute a defense to the whole of the plaintiff’s petition, and to each count…
2Cases cited4 opinions
- Wilkinson v. ArnoldIndiana Supreme Court · 1858
- Stanton v. HartMichigan Supreme Court · 1873
- Burgett v. BurgettIndiana Supreme Court · 1873
- Murphy v. LarsonIllinois Supreme Court · 1875
3Cited by9 opinions
- El Reno Gas & Electric Co. v. SpurgeonSupreme Court of Oklahoma · 1911
- Atchison, Topeka & Santa Fe Railroad v. BrownSupreme Court of Kansas · 1897
- Haines v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1921
- Catzen v. BelcherWest Virginia Supreme Court · 1908
- Mayer v. GoodmanSupreme Court of Oklahoma · 1923
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