McNamee v. Nesbitt
Nevada Supreme Court
Appeal from the District 'Court of the State of Nevada, Lincoln county; G. F. Talbot, District Judge: Action by F. R. McNamee against James Nesbitt and George Nesbitt, for damages for malicious prosecution. From a judgment for plaintiff, and denying a motion for a new trial, defendants appeal. The facts sufficiently appear in the opinion. I. The district court erred in overruling the defendant’s motion for a non-suit.
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Appeal from the District 'Court of the State of Nevada, Lincoln county; G. F. Talbot, District Judge: Action by F. R. McNamee against James Nesbitt and George Nesbitt, for damages for malicious prosecution. From a judgment for plaintiff, and denying a motion for a new trial, defendants appeal. The facts sufficiently appear in the opinion. I. The district court erred in overruling the defendant’s motion for a non-suit. The testimony of plaintiff and his principal witness, Owens, shows that the defendants, in preferring the charge against the plaintiff and Warren, acted under the advice of…
1Opinion of the Court
By the Court,
Bonnifield, C. J.:
This is an action against the defendants for causing the arrest and prosecution, maliciously and without probable cause, as it is alleged, of the plaintiff, upon a criminal charge against the plaintiff, made by the defendants, of an attempt to suborn Mrs. Eleanor McGuffee, on the 3d day of November, 1895, as a witness to swear willfully, corruptly and falsely to certain alleged material matter to the issue in question in a certain suit then pending in the District Court of the Fourth Judicial District, in and for Lincoln county, wherein one C. A. Horn was…
2Cases cited1 opinion
- McGurn v. McInnisNevada Supreme Court · 1898
3Cited by11 opinions
- Miller v. SchnitzerNevada Supreme Court · 1962
- Chapman v. City of RenoNevada Supreme Court · 1969
- Bonamy v. ZenoffNevada Supreme Court · 1961
- Sweatman v. LintonUtah Supreme Court · 1925
- Schwartz v. StockNevada Supreme Court · 1901
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