Eastman v. Monastes
Oregon Supreme Court
From Multnomah: E. D. Shattuck,. Judge. This is an action by Gr. L. Eastman against David Monastes to recover damages for an alleged malicious prosecution.
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From Multnomah: E. D. Shattuck,. Judge. This is an action by Gr. L. Eastman against David Monastes to recover damages for an alleged malicious prosecution. The complaint alleges, in substance, that on February 24, 1892, the defendant maliciously and without probable cause instituted a criminal prosecution against the plaintiff, by filing in the Justice’s Court for South Portland Precinct a verified complaint, in writing, charging him with the crime of defacing a building not his own, upon which charge he was arrested, tried, and acquitted. The answer, after denying the allegations of malice…
1Opinion of the CourtJustice Bean
*293From the view we have taken of the ruling on the motion for a nonsuit, it is unnecessary to consider the other questions in the case, and we shall therefore assume, for the purposes of this opinion, that all the evidence admitted was competent. The motion for a nonsuit is based upon the theory that the plaintiff failed to prove that the prosecution was malicious or without probable cause. Upon this point, the bill of exceptions, which contains the affirmative Statement that “ there was no evidence whatever offered by the plaintiff, of any nature or. description other than” as therein stated,…
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