Beihofer v. Loeffert
Supreme Court of Pennsylvania
Appeal, No. 120, Oct. T., 1893, by-defendants, George Loeffert and John Loeffert, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1891, No. 365, on verdict for plaintiff, Albertina Beihofer. Trespass for malicious prosecution on charge of perjury. At the trial, it appeared that plaintiff’s husband obtained a judgment against defendants for $90 for work in excavating a cellar.
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Appeal, No. 120, Oct. T., 1893, by-defendants, George Loeffert and John Loeffert, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1891, No. 365, on verdict for plaintiff, Albertina Beihofer. Trespass for malicious prosecution on charge of perjury. At the trial, it appeared that plaintiff’s husband obtained a judgment against defendants for $90 for work in excavating a cellar. Defendants after they had paid the amount of this judgment made an information against plaintiff and her husband for perjury in connection with this judgment. A warrant was issued, and plaintiff was arrested, but…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is an action for malicious prosecution, and on the trial of it in the court below the learned judge in his charge to the jury said, “ if the facts are disputed it is for you to determine whether or not there was probable cause.” It needs no citation of authority to show that this instruction was erroneous, and, as our examination of the charge as a whole has failed to satisfy us that it was harmless, we are constrained by it to reverse the judgment. The charge was somewhat obscure and confusing in the statement of the issue and the review of the evidence,…
2Cases cited1 opinion
- Brobst v. RuffSupreme Court of Pennsylvania · 1882
3Cited by4 opinions
- Auer v. MauserSuperior Court of Pennsylvania · 1898
- Lipowicz v. JervisSupreme Court of Pennsylvania · 1904
- Catzen v. BelcherWest Virginia Supreme Court · 1908
- King v. LejkoSuperior Court of Pennsylvania · 1931