Thompson v. Dilworth
Supreme Court of Colorado
Action for malicious prosecution. Judgment for plaintiff. On Application for Supersedeas. Error to the District Court of the City and County of Denver, Hon. Neil F. Graham, Judge.
1Opinion of the CourtJustice Denison
This was a suit for malicious prosecution on a charge of larceny. There were three trials, each of which resulted in a verdict for plaintiff. There was a judgment on the third verdict. The defendant brings error and asks for supersedeas.
The only point argued is that the court erred in overruling motion for nonsuit. The grounds amount, in substance, to the following: 1. That the evidence shows probable cause; 2. That defendant acted upon advice of district attorney after full statement to him; 3. That no malice is shown.
1. Upon the first point, that the evidence shows probable cause, we think…
2Cases cited2 opinions
- Murphy v. HobbsSupreme Court of Colorado · 1884
- Koch v. WrightSupreme Court of Colorado · 1919
3Cited by2 opinions
- Montgomery Ward & Co. v. PhersonSupreme Court of Colorado · 1954
- Exchange National Bank v. CullumSupreme Court of Colorado · 1945