Fones v. Murdock
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action by C. R. Fones against C. Murdock to recover damages for malicious prosecution.
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From Wallowa: John W. Knowles, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action by C. R. Fones against C. Murdock to recover damages for malicious prosecution. The amended complaint upon wbicb the trial was had contains the following averments: “That on or about the fifth day of June, 1914, the defendant herein caused to be prepared and made a criminal complaint against the plaintiff herein which the said defendant duly verified as by law required and caused the same to be placed oh file with R. Mc-Crae, justice of the peace for "Wallowa district, for Wallowa County,…
1Opinion of the CourtJustice Burnett
1. While it is not directly so stated in the complaint, we must necessarily infer that the plaintiff was convicted in the Justice’s Court. We deduce this conclusion from the fact that it is stated that the criminal case was appealed to the Circuit Court. In such cases the defendant alone can appeal, and only when the judgment is that he pay a fine of not less than $20 or be imprisoned not less than ten days: Section 2510, L. O. L.
2. It is thus requisite to determine the effect to be given to a judgment of conviction which was reversed on appeal as relates to the allegation of want of probable…
2Cases cited20 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- State v. Malheur County CourtOregon Supreme Court · 1905
- Saunders v. BaldwinSupreme Court of Virginia · 1911
- McDaniel v. ChiaramonteOregon Supreme Court · 1912
- State ex rel. v. Malheur County CourtOregon Supreme Court · 1909
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3Cited by8 opinions
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Hryciuk v. RobinsonOregon Supreme Court · 1958
- State v. JacksonOregon Supreme Court · 1960
- Kennedy v. BurbidgeUtah Supreme Court · 1919
- Drake v. AndersonOregon Supreme Court · 1959
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