Vinson v. Flynn
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. Grant Green, Jr., Special Judge. If there was any trespass, it was not malicious. There was no malicious prosecution by appellant. / Both malice and want„of probable cause must be present to constitute malicious prosecution. 1 Hilliard, Torts, 443. Appellee was a mere trespasser. 14 R. I. 119; 17 Atl. 921. After due notice to the tenant, the landlord has a right to enter peaceably and take possession. 59 Me. 598; 6 Allen, 76; 107 Mass.…
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Appeal from Woodruff Circuit Court. Grant Green, Jr., Special Judge. If there was any trespass, it was not malicious. There was no malicious prosecution by appellant. / Both malice and want„of probable cause must be present to constitute malicious prosecution. 1 Hilliard, Torts, 443. Appellee was a mere trespasser. 14 R. I. 119; 17 Atl. 921. After due notice to the tenant, the landlord has a right to enter peaceably and take possession. 59 Me. 598; 6 Allen, 76; 107 Mass. 406; 7 Mete. 147; 6 N. H. 11; 46 111. App. 496, 608; 27 ib. 384; 55 Ark. 3601 The mistaken bringing of an action before a…
1Opinion of the CourtBattle, J.
This action was instituted by Dock Flynn against T. C. Vinson to recover damages. He alleges that he and his family were residing on a place known as the “Upp Place,” as tenants of the defendant, and that the defendant unlawfully and maliciously entered and ejected him and his family from the place, and threw his goods and chattels in the road, to his damage in the sum of $500.
Tne defendant denied these allegations, and alleged that the term of plaintiff as tenant had expired, and that he had refused, after legal notice and demand, to deliver possession of the place to his landlord, the…
2Cases cited17 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Krevet v. MeyerSupreme Court of Missouri · 1856
- Foster v. PittsSupreme Court of Arkansas · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McIntosh v. Bullard, Earnheart & MagnessSupreme Court of Arkansas · 1910
- Gorman v. RatliffSupreme Court of Arkansas · 1986
- Local 755, International Brotherhood of Electrical Workers v. Country Club East, Inc.Supreme Court of North Carolina · 1973
- Roy v. LandersSupreme Court of Missouri · 1971
- Berger v. SaulSupreme Court of Georgia · 1901
6 more not listed; retrieve them via the Exa API.