Woodworth v. Mills
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jackson County. The case is stated in the opinion. There was a verdict for the plaintiff, assessing his damages at $1,000, and from the judgment entered thereon the defendant appealed. They argued, among other things, that the entry of a nolle prosequi, particularly if done by or under an order of the court allowing it, is such a termination of a criminal action that an action for malicious prosecution can be maintained.
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APPEAL from the Circuit Court for Jackson County. The case is stated in the opinion. There was a verdict for the plaintiff, assessing his damages at $1,000, and from the judgment entered thereon the defendant appealed. They argued, among other things, that the entry of a nolle prosequi, particularly if done by or under an order of the court allowing it, is such a termination of a criminal action that an action for malicious prosecution can be maintained. The reasonable rule seems to be that the technical prerequisite is only that the particular prosecution be disposed of in such a way that it…
1Opinion of the CourtTaylor, J.
The respondent brought an action in the circuit court of Jackson county against the appellant for malicious prosecution for causing him to be arrested upon a charge of grand larceny.
The complaint alleges that one Daniel T. Ilockert made the complaint upon which the arrest was made,, but charges that the defendant maliciously and without probable cause advised and caused the said Ilockert to make such complaint and have the plaintiff arrested. The complaint then alleges the issuing of a warrant by a justice of the peace *47aghinst the plaintiff for larceny, his arrest thereon, the fact that he…
2Cases cited14 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- United States v. ShoemakerU.S. Circuit Court for the District of Illinois · 1840
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Miller v. MilliganNew York Supreme Court · 1866
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Ball v. RawlesCalifornia Supreme Court · 1892
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- McGuff v. StateSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
31 more not listed; retrieve them via the Exa API.