Griffin v. Chubb
Texas Supreme Court
Appeal from Harris. This was an action brought by the ax>pellee against the appellant for a malicious prosecution. The petition was in the usual form.
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Appeal from Harris. This was an action brought by the ax>pellee against the appellant for a malicious prosecution. The petition was in the usual form. It alleged that the defendant false, and maliciously, and without any reasonable or probable cause, charged the plaintiff, before a justice of the peace, with having stolen, from the defendant a negro man named Ned, and with having been accessory to the stealing of a horse from the defendant; that be procured a warrant to be issued by tiie justice for the apprehension of the plaintiff on said charge, and that he caused him to be arrested, &c.;…
1Opinion of the CourtWhbbles, J.
The questions presented by the record, which it is deemed material to consider, relate to tiie rulings of the court—
1st. Upon tiie admissibility of evidence.
2d. In instructions to tiie jury.
In support of tiie ruling of "the court, refusing to permit the defendant to prove that before instituting the prosecution lie took tiie advice of counsel, wo are referred to the opinion of tills court in the case of Collard v. Gay. (1 Tex. R., 494.) In that ease it did not appear that tiie opinion of counsel was taken upon a true or, indeed, any statement of tiie facts. Tiie question was, whether it was…
2Cited by35 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Raleigh & Heidenheimer Bros. v. CookTexas Supreme Court · 1883
- Parker v. Dallas Hunting and Fishing ClubCourt of Appeals of Texas · 1971
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Suhre v. KottCourt of Appeals of Texas · 1917
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