King v. Colvin
Supreme Court of Rhode Island
Dependant’s petition for a new trial. Tbe facts are sufficiently stated in tbe opinion of tbe court. Evidence as to the imprisonment of tbe plaintiff and acts of tbe defendant after the time of tbe waiving of examination by tbe plaintiff in tbe Justice Court was erroneously admitted upon the question of damages. Had the plaintiff allowed a trial and been bound over, or found guilty by tbe justice, that would bave established a valid defence to this suit.
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Dependant’s petition for a new trial. Tbe facts are sufficiently stated in tbe opinion of tbe court. Evidence as to the imprisonment of tbe plaintiff and acts of tbe defendant after the time of tbe waiving of examination by tbe plaintiff in tbe Justice Court was erroneously admitted upon the question of damages. Had the plaintiff allowed a trial and been bound over, or found guilty by tbe justice, that would bave established a valid defence to this suit. Had he been discharged, then, as a matter of course, tbe imprisonment and further acts on the part of tbe defendant would not bave occurred.…
1Opinion of the CourtMatteson, J.
This is an action on the case for the malicious prosecution of the plaintiff for the larceny of an iron bar, and a number of fowls. A verdict having been rendered for the plaintiff, the defendant petitions for a new trial, because of alleged erroneous rulings in the admission of testimony, and because the verdict is against the evidence.
At the trial the plaintiff was permitted to testify, upon the question of damages, against the defendant’s objection, that after waiving an examination before the trial justice, upon the complaint against him, he was taken back to jail and remained there two…
2Cases cited7 opinions
- Foshay v. FergusonNew York Supreme Court · 1846
- Jacks v. StimpsonIllinois Supreme Court · 1852
- Burlingame v. BurlingameNew York Supreme Court · 1828
- French v. SmithSupreme Court of Vermont · 1827
- Faris v. StarkeCourt of Appeals of Kentucky · 1842
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3Cited by2 opinions
- Dyson v. City of PawtucketSupreme Court of Rhode Island · 1996
- Cook v. LesterSupreme Court of Rhode Island · 1964