Legal Opinion

Joe W. Clarke v. Montgomery Ward & Company, Inc.

Court of Appeals for the Fourth Circuit

Decided January 5, 1962No. 8403PublishedCited by 33 opinions

1Opinion of the Court

SOBELOFF, Chief Judge.

Summary judgment was entered for the defendant, Montgomery Ward & Company, in an action for malicious prosecution instituted by the plaintiff, Joe W. Clarke, in the United States District Court for the Western District of Virginia. The issue here is whether, on the pleadings, depositions, admissions, and affidavits before the District Court, there was raised a material issue of fact as to the existence of probable cause for the criminal proceedings unsuccessfully prosecuted in the state courts against the plaintiff.

The documents before the District Court showed that…

2Cases cited6 opinions

  1. Stevens v. Howard D. Johnson Co.Court of Appeals for the Fourth Circuit · 1950
  2. Pierce v. Ford Motor Co. Mahone v. Ford Motor CoCourt of Appeals for the Fourth Circuit · 1951
  3. Brodie v. HuckSupreme Court of Virginia · 1948
  4. Munger v. CoxCourt of Appeals of Virginia · 1926
  5. Southern Railway Co. v. MosbySupreme Court of Virginia · 1911

1 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Aetna Casualty & Surety Co. v. Federal Insurance Co. of New YorkWest Virginia Supreme Court · 1963
  2. Delong Corporation v. Raymond International, IncCourt of Appeals for the Third Circuit · 1980
  3. Sound Ship Building Corp v. Bethlehem Steel Company (Incorporated)Court of Appeals for the Third Circuit · 1976
  4. Goodwin v. MettsCourt of Appeals for the Fourth Circuit · 1989
  5. Johns Hopkins University v. HuttonDistrict Court, D. Maryland · 1968

28 more not listed; retrieve them via the Exa API.

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