Hower v. Lewton
Supreme Court of Florida
Appeal from the Circuit Court for Orange county. The declaration is as follows: Jeremiah M. Hower, Jr., by his attorneys, E. N. Foster and St. Clair Abrams & Summerlin, sues George "W. Lew-ton, of Orange county, State of Florida, for that the defendant falsely and maliciously, and without reasonable or probable cause, appeared in July, 1879,' before one J. C. Philips, Esq., a United States Commissioner, and charged the plaintiff with perjury, and upon such charge procured…
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Appeal from the Circuit Court for Orange county. The declaration is as follows: Jeremiah M. Hower, Jr., by his attorneys, E. N. Foster and St. Clair Abrams & Summerlin, sues George "W. Lew-ton, of Orange county, State of Florida, for that the defendant falsely and maliciously, and without reasonable or probable cause, appeared in July, 1879,' before one J. C. Philips, Esq., a United States Commissioner, and charged the plaintiff with perjury, and upon such charge procured the said United States Commissioner to grant his warrant for apprehending the plaintiff and bringing him before the said…
1Opinion of the Court
The Chief-Justice
delivered the opinion of the court.
Appellant sued Lewton for falsely, maliciously and without probable cause, causing him to be arrested and held to bail upon a criminal charge, that he was thereby compelled to give bail to attend court to answer to an indictment, and *333did so attend at great inconvenience and expense, &c., and that no indictment was found against him, and the Judge of the court therefore discharged him from said arrest and custody, wherefore he claims damages.
The defendant (appellee) demurred to the declaration upon the ground that the declaration did not…
2Cases cited4 opinions
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Brown v. RandallSupreme Court of Connecticut · 1869
- Stancliff v. PalmeterIndiana Supreme Court · 1862
- Hays v. BlizzardIndiana Supreme Court · 1868
3Cited by9 opinions
- Fisher and Fisher v. PayneSupreme Court of Florida · 1927
- Howarth, Et Ux. v. City of DelandSupreme Court of Florida · 1934
- Lewton v. HowerSupreme Court of Florida · 1895
- Heard v. MathisDistrict Court of Appeal of Florida · 1977
- Darnell v. SalleeIndiana Court of Appeals · 1893
4 more not listed; retrieve them via the Exa API.