Kansas & Texas Coal Co. v. Galloway
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Styles T. Rowe, Judge. ■The court erred in excluding the evidence offered by appellant. 4 Wend. 591; 4 Cush. 217; Newell, Mal. Pros. 303; 3 Esp. 7; 63 la. 529. The court adopted the wrong definition of probable cause in the third, sixth and seventh instructions. 32 Ark. 166; 32 Ark. 605; II. 763; 33 Ark. 317; 63 Ark. 387; 64 S. W. 219; 41 Eed. 898, 910. Diligence is not the test. 24 111. App. 289; 58 Mo.
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Appeal from Scott Circuit Court. Styles T. Rowe, Judge. ■The court erred in excluding the evidence offered by appellant. 4 Wend. 591; 4 Cush. 217; Newell, Mal. Pros. 303; 3 Esp. 7; 63 la. 529. The court adopted the wrong definition of probable cause in the third, sixth and seventh instructions. 32 Ark. 166; 32 Ark. 605; II. 763; 33 Ark. 317; 63 Ark. 387; 64 S. W. 219; 41 Eed. 898, 910. Diligence is not the test. 24 111. App. 289; 58 Mo. App. 37; 33 Me. 331; 109 Cal. 365; 123 Cal. 26; 69 la. 562; 95 Eed. 926; Newell, Mal. Pros. 319. The court also erred in stating the rule as to advice of…
1Opinion of the CourtBunn, C. J.
This is a suit for malicious prosecution, originating in the G-reenwood district circuit court of Sebastian county, and tried on a change of venue in the Scott county circuit court by a jury. Yerdict' and judgment in the sum of $500 in favor of the plaintiff, and the defendants duly and in due time1 appealed to this court.
The malicious prosecution complained of in the present suit arose from the following circumstances, according to the abstracts in the case: There was a strike, commencing February 1, 1899, throughout this (Sebastian) county, which embraced the miners in the employment of the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Goodrich v. WarnerSupreme Court of Connecticut · 1852
- Lemay v. WilliamsSupreme Court of Arkansas · 1877
- Hitson v. SimsSupreme Court of Arkansas · 1901
3Cited by29 opinions
- McClinton v. RiceArizona Supreme Court · 1953
- Sundeen v. KrogerSupreme Court of Arkansas · 2003
- National Surety Co. v. PageCourt of Appeals for the Fourth Circuit · 1932
- Brown v. BaileySupreme Court of South Carolina · 1949
- Malvern Brick & Tile Co. v. HillSupreme Court of Arkansas · 1961
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