Richards v. Foulke
Ohio Supreme Court
This cause came before the court, upon a writ of error to the ■court of common pleas of Harrison county, and was adjourned for decision here, by the Supreme Court of that county. The original action was for a malicious prosecution, and the plaintiff in error was the plaintiff in the cause.
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This cause came before the court, upon a writ of error to the ■court of common pleas of Harrison county, and was adjourned for decision here, by the Supreme Court of that county. The original action was for a malicious prosecution, and the plaintiff in error was the plaintiff in the cause. The plea was, not guilty; and at thé trial, a bill of exceptions was taken, by the plaintiff, to the opinion of the court, admitting certain evidence offered by the defendant, which is thus stated : “ The plaintiff introduced Samuel Dunlap, Esq., the- magistrate who received the complaint of the defendant…
1Opinion of the Court
*By the Court .
The evidence admitted in this case was clearly inadmissible. The witnesses who testified before the justice, should have been called to testify to the facts that they narrated before him. His recollections of what they stated'upon oath, was of inferior authority to their own statements to the jury. The question to be decided was, not the guilt or innocence of the plaintiff, but whether there existed a probable cause for the prosecution commenced against him by the defendant. This the jury were required to decide, not upon the evidence given before the justice, but upon the…
2Cited by2 opinions
- Glenn v. Hoerner Boxes, Inc.District Court, W.D. Arkansas · 1962
- Shibley v. Schultz Bros. & Co.Ohio Court of Appeals · 1934