Jones v. Flaherty
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $10,000 for malicious prosecution. The answer alleged that plaintiff, believing his property had been destroyed and removed, stated the facts to the city prosecutor, who advised defendant to bring action and filed a complaint in the municipal court of St. Paul; plaintiff was thereafter arrested and, after hearing in the municipal court, discharged.
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Action in the district court for Ramsey county to recover $10,000 for malicious prosecution. The answer alleged that plaintiff, believing his property had been destroyed and removed, stated the facts to the city prosecutor, who advised defendant to bring action and filed a complaint in the municipal court of St. Paul; plaintiff was thereafter arrested and, after hearing in the municipal court, discharged. The case was tried before Converse, J., who at the close of the testimony denied defendant’s motion to dismiss the action, and a jury, which returned a verdict for $1,125. Defendant’s motion…
1Opinion of the CourtBJlLLAM, J.
Action for malicious prosecution. Defendant owned a dwelling house in St. Paul. Plaintiff occupied it as tenant. Defendant terminated the tenancy and plaintiff moved. Next day defendant claimed to have found that certain damage had been done to the interior of the house. He thought of having plaintiff arrested. He went to his lawyer who referred him to the city, prosecutor. His statement to the city prosecutor and the advice given is testified to by that official as follows:
“He said there were * * * some drawers in closets up stairs * * * that had been removed * * * and there was considerable…
2Cases cited10 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
- Pawlowski v. JenksMichigan Supreme Court · 1897
- Moore v. Northern Pacific RailroadSupreme Court of Minnesota · 1887
- Shea v. Cloquet Lumber Co.Supreme Court of Minnesota · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Occhino v. United StatesCourt of Appeals for the Eighth Circuit · 1982
- Rosvall v. ProvostSupreme Court of Minnesota · 1968
- Jay Nygard v. City of OronoCourt of Appeals for the Eighth Circuit · 2022
- Dick v. Watonwan CountyDistrict Court, D. Minnesota · 1983
- Walton Trust Co. v. TaylorCourt of Appeals for the Eighth Circuit · 1924
8 more not listed; retrieve them via the Exa API.