Beadle v. Harrison
Montana Supreme Court
Appeal from District Court, Yellowstone County; Charles A. Taylor, Judge. Action by F. B. Beadle against E. E. Harrison. From a judgment for defendant and an order denying his motion for a new trial, plaintiff appeals. The defendant in an action of this hind cannot testify to the fact that he has told all the facts to the attorney, or that he has not concealed anything, nor can he testify to the fact that he believed the defendant guilty.
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Appeal from District Court, Yellowstone County; Charles A. Taylor, Judge. Action by F. B. Beadle against E. E. Harrison. From a judgment for defendant and an order denying his motion for a new trial, plaintiff appeals. The defendant in an action of this hind cannot testify to the fact that he has told all the facts to the attorney, or that he has not concealed anything, nor can he testify to the fact that he believed the defendant guilty. These are matters entirely for the jury to determine upon the facts and circumstances. (Brooks v. Bradford, 4 Colo. App. 410, 86 Pac. 303; Lansky v.…
1Opinion of the CourtJustice Matthews
This is an action for damages for malicious prosecution growing out of a criminal proceeding, instigated by Harrison, in which Beadle was accused of the larceny of a horse, arrested in the state of Iowa, and returned for trial. The criminal prosecution was dismissed on motion of the county attorney, after the commencement of the trial.
Service of the summons and a copy of the complaint herein was had on the defendant, on September 26, 1916. No appearance having been made within the statutory time, default was entered. On motion of -the defendant, based on affidavits, the court opened the…
2Cases cited10 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- Martin v. CorscaddenMontana Supreme Court · 1906
- Greene v. Montana Brewing Co.Montana Supreme Court · 1905
- Grorud v. LosslMontana Supreme Court · 1913
- Jonasen v. KennedyNebraska Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lords v. NewmanMontana Supreme Court · 1984
- Cornner v. HamiltonMontana Supreme Court · 1922
- Halladay v. State BankMontana Supreme Court · 1923
- Puutio v. RomanMontana Supreme Court · 1926
- Robinson v. PetersenMontana Supreme Court · 1922
8 more not listed; retrieve them via the Exa API.