Eggett v. Allen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This action is brought to recover damages for malicious prosecution.
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Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This action is brought to recover damages for malicious prosecution. The complaint contains two counts,-— one for the prosecution of plaintiff for obtaining property under false pretenses, commenced March 23, and terminated by his discharge on April 3, 1897; the other for a prosecution for embezzlement, which was commenced on April 3,1897, and was terminated at the following term of the circuit court by the district attorney filing reasons for not filing an information. The answer was a general denial,…
1Opinion of the Court
BaRdeeít, J.
There seems to be no question but that it ■was shown upon the trial that plaintiff was arrested upon two criminal charges, as alleged, and that both had terminated favorably to him before this action was commenced. A suggestion is made by defendant that the justice’s docket fails to show that the first action was criminal in its nature. We think this question is fully met by the papers in the case, and other evidence on the trial, and that the court properly treated both prosecutions as criminal.
Numerous objections to evidence were made by defendant, none of which is deemed of…
2Cases cited10 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
- Center v. SpringSupreme Court of Iowa · 1856
- Cole v. CurtisSupreme Court of Minnesota · 1870
- Michigan Bank v. EldredSupreme Court of the United States · 1870
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Miller v. StateWisconsin Supreme Court · 1909
- State v. BaltesWisconsin Supreme Court · 1924
- State v. ClarkOregon Supreme Court · 1921
- Dillon v. StateWisconsin Supreme Court · 1909
- Eggett v. AllenWisconsin Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.