Whipple v. Gorsuch
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; Action by Mrs. Maude Gorsuch against William G. Whipple for malicious prosecution. The plaintiff recovered damages in the sum of $500, and the defendant appealed. . 1. The lease was forfeited by the acts of appellee, under section 1901, Kirby’s Digest, and the prosecution was justified. 1 L. R. An. (N. S.) 331; 41 Ark. 532; 93 S. W. 986; 1 Washb.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; Action by Mrs. Maude Gorsuch against William G. Whipple for malicious prosecution. The plaintiff recovered damages in the sum of $500, and the defendant appealed. . 1. The lease was forfeited by the acts of appellee, under section 1901, Kirby’s Digest, and the prosecution was justified. 1 L. R. An. (N. S.) 331; 41 Ark. 532; 93 S. W. 986; 1 Washb. Real Property (4 Ed.), 436; 53 Atl. 394; 93 111. App. 609; 184 111. 320; 153 U. S. 540. 2. There was probable cause for the prosecution. 69 Ark. 439; 71 Id. 363; 24 Howard, 544; 31 Ore.…
1Opinion of the CourtMcCulloch, J.
The plaintiff, Mrs. Maude Gorsuch, sues to recover damages sustained by reason of a criminal prosecu-' tion for misdemeanor alleged to have been maliciously and without probable cause instituted against her by the defendant, William G. Whipple, before a justice of the peace of Pulaski County. The defendant admitted in his answer that he instituted the prosecution, but denied that he did so maliciously or without probable cause. He alleged that there existed just grounds for the prosecution, and that the plaintiff was guilty of the, misdemeanor charged in the affidavit made by him for her…
2Cases cited8 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Watkins v. GoodallMassachusetts Supreme Judicial Court · 1885
- Lavender v. HudgensSupreme Court of Arkansas · 1878
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- Hitson v. SimsSupreme Court of Arkansas · 1901
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