Legal Opinion

Spear v. Hiles

Wisconsin Supreme Court

Decided November 23, 1886PublishedCited by 7 opinions

APPEAL from tbe Circuit Court for Monroe County. The action is to recover damages for an alleged malicious prosecution. The defendant and his son were the owners of two warehouses in the village of Dexterville, Wood county, in which was stored a quantity of wooden ware. On the night of Saturday, July 7, 1883, these, warehouses -were set on fire, and, with their contents, were destroyed.

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APPEAL from tbe Circuit Court for Monroe County. The action is to recover damages for an alleged malicious prosecution. The defendant and his son were the owners of two warehouses in the village of Dexterville, Wood county, in which was stored a quantity of wooden ware. On the night of Saturday, July 7, 1883, these, warehouses -were set on fire, and, with their contents, were destroyed. On the 13th of the same month the defendant made a complaint to a justice of the peace, charging that the plaintiff, his wife, and one George L. Haney set the fire which burned the buildings and contents. A…

1Opinion of the CourtLyoN, J.

The case was sharply litigated in the trial court. A large amount of testimony was introduced, and numerous exceptions were taken to the rulings of the court on the trial. Many of the rulings so excepted to are relied upon here as sufficient grounds for reversing the judgment. In this case (as in many other cases in which the exceptions are numerous) the errors assigned may be classified under a few general heads, and be disposed of without the necessity of making a detailed statement of the challenged rulings.

*353I. We will first consider the instructions relating to probable cause, malice, and…

2Cases cited3 opinions

  1. Scheer v. KeownWisconsin Supreme Court · 1874
  2. Spear v. HilesWisconsin Supreme Court · 1886
  3. Pullen v. GliddenSupreme Judicial Court of Maine · 1878

3Cited by7 opinions

  1. Lunsford v. DietrichSupreme Court of Alabama · 1890
  2. Gladfelter v. DoemelWisconsin Supreme Court · 1958
  3. Drumm v. CessnumSupreme Court of Kansas · 1900
  4. Manz v. KlippelWisconsin Supreme Court · 1914
  5. Lipscomb v. MooreSupreme Court of Alabama · 1933

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