Grant v. Williams
Montana Supreme Court
Appeal from District Court, Blaine County; John W. Taltan, Judge. Action by Hugh L. Grant against W. H. Lutz, L. Y. Bogy and Edward Price, and F. N. Williams as Justice of the Peace. From a judgment in favor of the first three named defendants, plaintiff appeals. In order to constitute a cause of action for malicious prosecution the act of putting the machinery of the law in operation against appellant must have been done maliciously and without probable cause.
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Appeal from District Court, Blaine County; John W. Taltan, Judge. Action by Hugh L. Grant against W. H. Lutz, L. Y. Bogy and Edward Price, and F. N. Williams as Justice of the Peace. From a judgment in favor of the first three named defendants, plaintiff appeals. In order to constitute a cause of action for malicious prosecution the act of putting the machinery of the law in operation against appellant must have been done maliciously and without probable cause. (Smith v. Davis, 3 Mont. 109; Grorud v. Lossl, 48 Mont. 274, 136 Pac. 1069; 26 Oye. 74, 75.) Lutz, the constable, cannot be held…
1Opinion of the Court
MR.. JUSTICE HOLLOWAY
delivered tbe opinion of tbe court.. The facts out of which this controversy arises are set forth fully in Grant v. Williams, ante, p. 246, 169 Pac. 286. This appeal is from the judgment in favor of defendant Lutz and his sureties, Bogy and Price.
1. It is not alleged in the complaint that Lutz acted maliciously [1] in instituting the proceedings in the justice court, and for this reason a cause of action for malicious prosecution is not stated. (Smith v. Davis, 3 Mont. 109; Grorud v. Lossl, 48 Mont. 274, 136 Pac. 1069; Stephens v. Conley, 48 Mont. 352, Ann. Cas. 1915D,…
2Cases cited5 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- Grorud v. LosslMontana Supreme Court · 1913
- Going v. DinwiddieCalifornia Supreme Court · 1890
- Grant v. WilliamsMontana Supreme Court · 1917
- Smith v. DavisMontana Supreme Court · 1878
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