Brinkley v. . Knight
Supreme Court of North Carolina
Appeal by defendant from Long, J., at January Special Term, 1913, of Gates. . Civil action. The action, instituted on 7 February, 1911, against botb defendants, was for malicious prosecution, and on averment duly made that Addie E. Knight had wrongfully shed out justice’s criminal warrant and caused arrest of plaintiff for entering on the lands of said Addie E. Knight, after being forbidden, and that the other defendant had instigated and abetted said prosecution.
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Appeal by defendant from Long, J., at January Special Term, 1913, of Gates. . Civil action. The action, instituted on 7 February, 1911, against botb defendants, was for malicious prosecution, and on averment duly made that Addie E. Knight had wrongfully shed out justice’s criminal warrant and caused arrest of plaintiff for entering on the lands of said Addie E. Knight, after being forbidden, and that the other defendant had instigated and abetted said prosecution. Nonsuit having been taken as to defendant Knight, the cause was-tried on issues as to liability of' the other defendant, and the…
1Opinion of the CourtHoKE, J.
It is the well established position that, before an action for malicious prosecution can be instituted, it is necessary that the proceedings upon which it is based should have been properly terminated. Wilkinson v. Wilkinson, 159 N. C., 266; Stanford v. Grocery Co., 143 N. C., 419; Welch v. Cheek, 125 N. C., 353; Hatch v. Cohen, 84 N. C., 602; Rice v. Ponder, 29 N. C., 390; Murray v. Lackey, 6 N. C., 368.
After giving the case most careful consideration, we are of opinion that the facts in evidence as they are now presented do not bring the plaintiff’s cause within the principle. From these…
2Cases cited4 opinions
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Welch v. . CheekSupreme Court of North Carolina · 1899
- Hatch v. . CohenSupreme Court of North Carolina · 1881
- Rice v. . PonderSupreme Court of North Carolina · 1847
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- Finance Corp. v. . LaneSupreme Court of North Carolina · 1942