Legal Opinion

Kerstetter v. Thomas

Washington Supreme Court

Decided January 26, 1905No. 5395PublishedCited by 3 opinions

Appeal from a judgment of the superior court for Lewis county, Rice, J., entered March 24, 1904, upon findings in favor of the plaintiff, in an action for malicious prosecution, after a trial on the merits before the court without a jury.

1Opinion of the Court

Dunbar, J. —

-This is a case brought by plaintiffs to recover damages for alleged malicious prosecution growing out of a criminal action wherein the appellant was the complaining witness. Upon the making and filing of a complaint before a justice of the peace, he issued a warrant for the arrest of the respondent, upon which the respondent was arrested and brought before the justice. He then filed his affidavit for a change of venue, which change of venue was granted, and the case transferred to E. K. Green, a justice of the peace in and for Olark precinct, Lewis county, Washington. The papers…

2Cases cited2 opinions

  1. Noblett v. BartschWashington Supreme Court · 1903
  2. Parli v. ReedSupreme Court of Kansas · 1883

3Cited by3 opinions

  1. State v. SedamIdaho Supreme Court · 1940
  2. Olson v. HaggertyWashington Supreme Court · 1912
  3. Allen v. William J. Burns International Detective Agency, Inc.Oregon Supreme Court · 1927

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