Gabel v. Weisensee
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. The stateriient of this case, which explains the misfortunes of Peter Gabel, and how they grew out of his fondness for his dog, was made by his counsel, and is adopted as correct. At the June Term, 1872, of the criminal District Court of Harris county, Alexander Weisensee was indicted by the grand jury of that court for the theft of a dog.
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Error from Harris. Tried below before the Hon. James Masterson. The stateriient of this case, which explains the misfortunes of Peter Gabel, and how they grew out of his fondness for his dog, was made by his counsel, and is adopted as correct. At the June Term, 1872, of the criminal District Court of Harris county, Alexander Weisensee was indicted by the grand jury of that court for the theft of a dog. He was arrested on the 8th of July, 1872, and was released same day, on his executing bond in the sum of $300, in accordance with the statute. At the August Term of the court, the case-was…
1Opinion of the Court
Gould, Associate Justice.
In an action for malicious prosecution, it devolves on the plaintiff to prove that the prosecution was instituted maliciously, and without probable cause. (Griffin v. Chubb, 7 Tex., 614; 2 Greenl. on Ev., sec. 449; Add. on Torts, 591.)
The prosecution may be in law malicious, although it does not appear that the defendant acted under the influence of personal hatred, angry feeling, or a revengeful spirit. (Wiggins v. Coffin, 3 Story, 1; Burhans v. Sanford, 19 Wend., 417; 1 Hill, on Torts, 465; Mitchell v. Jenkins, 5 Barn. & Adol., 594.)
In treating of the subject of…
2Cases cited3 opinions
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Burnham v. HatfieldIndiana Supreme Court · 1838
- Wiggin v. CoffinU.S. Circuit Court for the District of Maine · 1836
3Cited by11 opinions
- Sebastian v. CheneyTexas Supreme Court · 1894
- JC Penney Company v. GilfordCourt of Appeals of Texas · 1967
- McManus v. WallisTexas Supreme Court · 1880
- Kauffman & Runge v. BabcockTexas Supreme Court · 1887
- Lloyd v. MyersCourt of Appeals of Texas · 1979
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