Legal Opinion

Johnson v. Miller

Supreme Court of Iowa

Decided April 25, 1884PublishedCited by 24 opinions

Appeal from Black Hawk District Court. Action for malicious prosecution. It is stated in tbe petition that the defendants caused the plaintiff to be indicted for the crime of grand larceny, and that, in so doing, they acted maliciously and without probable cause, and that they conspired together for the purpose aforesaid, and that said plaintiff has been acquitted of said charge. The defendants pleaded a general denial.

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Appeal from Black Hawk District Court. Action for malicious prosecution. It is stated in tbe petition that the defendants caused the plaintiff to be indicted for the crime of grand larceny, and that, in so doing, they acted maliciously and without probable cause, and that they conspired together for the purpose aforesaid, and that said plaintiff has been acquitted of said charge. The defendants pleaded a general denial. Trial by jury, judgment for the plaintiff, and defendants appeal.

1Opinion of the CourtSeevers, J.

1. Malicious Prosecution: action against conspirators for: evidence: burden of proof. 2. -: -: -: error in admitting: not cured by instructions. I. The burden was on the plaintiff to establish the conspiracy charged, and that the criminal proceeding was commenced without probable cause. The plaintiff offered evidence showing that his barn and contents were burned shortly after he was ac- .... .... . quitted ot the criminal charge. This evidence was objected to as immaterial, but the objection was overruled and the evidence admitted. There were two indictments against the plaintiff. The first…

2Cases cited4 opinions

  1. Burt v. PlaceNew York Supreme Court · 1830
  2. Owen v. OwenSupreme Court of Iowa · 1867
  3. State v. WestfallSupreme Court of Iowa · 1878
  4. Moffatt v. FisherSupreme Court of Iowa · 1877

3Cited by24 opinions

  1. Hartshorn v. SmithSupreme Court of Georgia · 1898
  2. State v. CroffordSupreme Court of Iowa · 1903
  3. State v. GrantSupreme Court of Iowa · 1892
  4. Lyons v. Davy-Pocahontas Coal Co.West Virginia Supreme Court · 1915
  5. Tanner-Brice Co. v. BarrsCourt of Appeals of Georgia · 1937

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