Barton v. Woodward
Idaho Supreme Court
APPEAL from tlie District Court of tbe Seventh Judicial District, for Canyon County. Hon. E. N. Dunn, Presiding Judge. Action for malicious prosecution of a lunacy proceeding. Judgment for plaintiff. The complaint, upon its face, showed that the cause of action was barred by subd. 5, see. 4055, Eev. Codes.
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APPEAL from tlie District Court of tbe Seventh Judicial District, for Canyon County. Hon. E. N. Dunn, Presiding Judge. Action for malicious prosecution of a lunacy proceeding. Judgment for plaintiff. The complaint, upon its face, showed that the cause of action was barred by subd. 5, see. 4055, Eev. Codes. The action, as shown by the complaint, was brought for an injury to the person of the plaintiff, and in such cases an action for malicious prosecution is always held to be an action for an injury to the person. (Makatawakqudtwa v. Revolt, 111 Fed. 12; Porter v. Mack, 50 W. Ya. 581, 40 S. E.…
1Opinion of the Court
MCCARTHY, District Judge.
This is an action to recover damages for malicious prosecution of a lunacy proceeding.
A demurrer was filed to the complaint on two grounds; first, that it did not state facts sufficient to constitute a cause of action, and, second, th^t the action was barred by C. L., sec. 4055, subds. 4 and 5. The statutes of limitation were also pleaded in the answer. The cause was tried to a jury, and resulted in a verdict and judgment for plaintiff. This appeal is from the judgment.
The record discloses that a hearing was had before the probate judge on April 21, 1911, and on the…
2Cases cited4 opinions
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- Kellogg v. CochranCalifornia Supreme Court · 1890
- Griswold v. GriswoldCalifornia Supreme Court · 1904
- Lockenour v. SidesIndiana Supreme Court · 1877
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- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
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