Vander Linden v. Oster
South Dakota Supreme Court
Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action, by G. Vander Linden, against Anton Oster, for damages for malicious prosecution,. Fuom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. ■ (i) To point one of the opinion, Appellant cited: Century Dictionary: International Dictionary; 26 Cyc. 10, and cases cited.
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Appeal from Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action, by G. Vander Linden, against Anton Oster, for damages for malicious prosecution,. Fuom a judgment for plaintiff, and from an order denying a new trial, defendant appeals. ■ (i) To point one of the opinion, Appellant cited: Century Dictionary: International Dictionary; 26 Cyc. 10, and cases cited. Respondent cited: 2 Cream of Law, Sec. 221; Laws 1913, page 335. (6) To point ’six of the opinion, Respondent cited: Baldwin v. Steam Laundry Co. 122 N. W. 460 and cases cited; Birdsa-11 v. Smith 122 N. W. 626; Neys v.…
1Opinion of the CourtWhiting, J.
Judgment for damages for malicious prosecution. Appeal from 'such judgment, and from an) order denying a -new trial-.
[1] The alleged malicious prosecution was based upon a writing which, we will hereinafter term am “information” to distinguish .s'ame from the “complaint” in; the present action. Defendant questions the sufficiency of such, information as a basis for the present action. He -contendsi that such information did not state any offense under the laws of this state, and that, in order for it “to serve as ai basis for the action of malicious prosecution, the original criminal…
2Cases cited9 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Dennis v. . RyanNew York Court of Appeals · 1875
- Shaul v. BrownSupreme Court of Iowa · 1869
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Minneapolis Threshing Machine Co. v. RegierNebraska Supreme Court · 1897
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3Cited by5 opinions
- Huf v. HagueWashington Supreme Court · 1933
- State v. DuffySouth Dakota Supreme Court · 1929
- Tobey v. OrrSupreme Court of Florida · 1926
- Sprick v. SchreinerSouth Dakota Supreme Court · 1928
- Kirby v. First National BankSouth Dakota Supreme Court · 1936