Nehr v. Dobbs
Nebraska Supreme Court
Error, from tbe district court of Gage county. Tried below before Babcock, J. The opinion contains a statement of the case. In an action for malicious prosecution a judgment of conviction against the plaintiff is prima facie evidence that there was probable cause for the prosecution, but such evidence may be rebutted by proof that the judgment was based upon false testimony and was without foundation in law.
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Error, from tbe district court of Gage county. Tried below before Babcock, J. The opinion contains a statement of the case. In an action for malicious prosecution a judgment of conviction against the plaintiff is prima facie evidence that there was probable cause for the prosecution, but such evidence may be rebutted by proof that the judgment was based upon false testimony and was without foundation in law. (Olson v. Neal, 63 la., 216; Burt v. Place, 4 Wend. [N. Y.], 591; Newell, Malicious. Prosecutions, 275; Hazzardv. Fkiry, 120 N. Y., 223; Goodrich v. Warner, 21 Conn., 432; Phillips v.…
1Opinion of the Court
Irvine, 0.
This was an action for malicious prosecution by the plaintiff in error against the defendant in error. A general demurrer to the petition wars sustained, and from a judgment entered thereon the plaintiff prosecutes error.
The point relied on in support of the demurrer is that the petition discloses that the plaintiff suffered a conviction in the court in which the prosecution complained of was instituted, and that while it is alleged that this conviction was reversed on appeal, the conviction in the original •court was conclusive of the existence of probable *866cause for the…
2Cases cited12 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Hazzard v. . FluryNew York Court of Appeals · 1890
- Goodrich v. WarnerSupreme Court of Connecticut · 1852
- Turner v. O'BrienNebraska Supreme Court · 1877
- Olson v. NealSupreme Court of Iowa · 1884
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3Cited by21 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Heck v. HumphreySupreme Court of the United States · 1994
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Chapman v. City of RenoNevada Supreme Court · 1969
- Carpenter v. SibleyCalifornia Supreme Court · 1908
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