McKenzie v. Canning
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by Ned McKenzie against George Canning. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtStratjf, J.
This case was brought to recover damages for an alleged malicious prosecution. The plaintiff had; a verdict and judgment in his favor. The defendant appeals.
1 The burden, of .course, was on the plaintiff to show want of probable cause. JTe, in that respect, made out a prima facie case by showing his discharge in the criminal prosecution upon a hearing and an investigation .of the charge' before the magistrate. (Smith v. Clark, 37 Utah, 116, 106 Pac. 653, 26 L. R. A. (N. S.) 953, Ann. Cas, 1912B,. 1366.) To meet it the defendant showed! that in instituting the criminal proceedings complained…
2Cases cited4 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Smith v. ClarkUtah Supreme Court · 1910
- Waller v. HughesArizona Supreme Court · 1886
- Wright v. AscheimUtah Supreme Court · 1888
3Cited by8 opinions
- Hodges v. Gibson Products Co.Utah Supreme Court · 1991
- El Dorado at Santa Fe, Inc. v. Board of County CommissionersNew Mexico Supreme Court · 1976
- Steadman v. TophamWyoming Supreme Court · 1959
- Cottrell v. Grand Union Tea CompanyUtah Supreme Court · 1956
- Sweatman v. LintonUtah Supreme Court · 1925
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