Nettleton v. Cook
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Owyhee County. Hon. Charles P. McCarthy, Judge. Action to recover damages for malicious prosecution. Motion for nonsuit denied. Judgment for plaintiff.
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APPEAL from the District Court of the Third Judicial District, for Owyhee County. Hon. Charles P. McCarthy, Judge. Action to recover damages for malicious prosecution. Motion for nonsuit denied. Judgment for plaintiff. If the appellant had reasonable cause to believe, and did believe, that respondent had violated the law in the destruction of or interference with the headgate of the Murphy Land & Irrigation Co., notwithstanding the action of the probate court in refusing to hold respondent to the district court, the evidence did not sustain the verdict, and did not entitle respondent to…
1Opinion of the CourtBudge, C. J.
This is an action to recover damages for an alleged malieious prosecution. The material facts out of which this litigation arose, briefly stated, are as follows; several years prior to the commencement of this action the Murphy Land & Irrigation Company, Limited (which will hereafter be referredOto as the “Water Company”), con*85strueted a dam across Sinker Creek in Owyhee county, for the purpose of impounding the natural flow of the waters of that stream. Prior to the construction of this dam a portion of the waters of Sinker Creek had been appropriated and used by settlers along the stream.…
2Cases cited9 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Harkrader v. MooreCalifornia Supreme Court · 1872
- Parkhurst v. MastellerSupreme Court of Iowa · 1881
- Ruffner v. HooksSuperior Court of Pennsylvania · 1896
- Lancaster v. McKayCourt of Appeals of Kentucky · 1898
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3Cited by12 opinions
- Peasley v. Puget Sound Tug & Barge Co.Washington Supreme Court · 1942
- Ruff v. Eckerds Drugs, Inc.Supreme Court of South Carolina · 1975
- Luther v. First Bank of TroyIdaho Supreme Court · 1943
- Douglas v. KenneyIdaho Supreme Court · 1925
- Delgado v. RiveraNew Mexico Supreme Court · 1936
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