Gee v. Culver
Oregon Supreme Court
Multnomah County. Defendant appeals. The respondent alleged in his complaint in substance that the appellant, on the 29th day of December, 1883, wrongfully and maliciously went before a justice of the peace of said county, and without probable cause charged him with the crime of embezzlement, and of converting $113, and procured a warrant for his arrest upon said charge, and wrongfully, unlawfully, and maliciously, and without any probable cause, went to the residence of the…
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Multnomah County. Defendant appeals. The respondent alleged in his complaint in substance that the appellant, on the 29th day of December, 1883, wrongfully and maliciously went before a justice of the peace of said county, and without probable cause charged him with the crime of embezzlement, and of converting $113, and procured a warrant for his arrest upon said charge, and wrongfully, unlawfully, and maliciously, and without any probable cause, went to the residence of the respondent and arrested him, and compelled him to go with him to East Portland, and there and then confined him in the…
1Opinion of the CourtWaldo, C. J.
— This case comes up on the ruling sustaining .the demurrer to the defendant’s separate defense and misdirection of the j'ury at the trial. The demurrer was rightly sustained. ' It was no defense to the action that the defendant laid the facts within his knowledge before a justice of the peace, and acted on) his advice in making- the arrests. (Olmstead v. Partridge, 16 Gray, 381; Brobst v. Ruff, 100 Pa. St. 91; S. C. 45 Am. Rep. 358.) The instructions objected to were drawn by the plaintiff’s counsel. That part of the first instruction, “if the defendant ' acted rashly, wantonly, or wickedly,…
2Cited by9 opinions
- Timmins v. HaleOregon Supreme Court · 1927
- Stamper v. RaymondOregon Supreme Court · 1900
- Atchison, Topeka & Santa Fé Railroad v. WatsonSupreme Court of Kansas · 1887
- White v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1939
- Kellogg v. FordOregon Supreme Court · 1914
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