Legal Opinion

Mitchell v. Davies

Supreme Court of Minnesota

Decided October 27, 1892PublishedCited by 12 opinions

Appeal by N. T. Davies, one of the defendants, from an order of the District Court of Freeborn County, Farmer, J., made August 15, 1892, refusing a new'trial.

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Appeal by N. T. Davies, one of the defendants, from an order of the District Court of Freeborn County, Farmer, J., made August 15, 1892, refusing a new'trial. The defendant N. T. Davies in December, 1890, and January, 1891, caused to be brought against the plaintiff, W. C. Mitchell, and one Conrad Hoffmann, on three different dates, three different actions before three different Justices of the Peace holding courts at a distance of nine, twelve and fifteen miles respectively, from the city of Albert Lea, where both plaintiff and defendant resided. Each of these actions was brought in the name…

1Opinion of the CourtGilfillan, C. J.

The evidence in this case, both as to want of probable cause and as to malice in prosecuting the suits against the plaintiff, justified a recovery. And in an action for malicious prosecution the plaintiff, in case of recovery, may recover as part of his damages the necessary cost of defending the malicious suit, including the proper fees of his attorney; but, as he cannot be held to have necessarily incurred for attorneys’ fees more than the services are worth, the value of them must be shown, before they can enter into the damages allowed.

In this case, although there was no evidence of their…

2Cases cited1 opinion

  1. Johnson v. HowardSupreme Court of Minnesota · 1892

3Cited by12 opinions

  1. Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1951
  2. Kolka v. JonesNorth Dakota Supreme Court · 1897
  3. Mannheimer Bros. v. Kansas Casualty & Surety Co.Supreme Court of Minnesota · 1921
  4. Hryciuk v. RobinsonOregon Supreme Court · 1958
  5. Paidar v. HughesSupreme Court of Minnesota · 2000

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