White v. Shradski
Court of Appeals of Kansas
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in giving instruction number 3 on behalf of respondent. Appellant could not become liable for the prosecution instituted against respondent by the city attorney, unless the same was commenced at his instance or request.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in giving instruction number 3 on behalf of respondent. Appellant could not become liable for the prosecution instituted against respondent by the city attorney, unless the same was commenced at his instance or request. The fact that the warrant was issued for respondent’s arrest without objection from appellant after the statement of the facts to the city attorney by appellant or his attorney, and without any request on the part of either, for respondent’s prosecution therein, does not make appellant…
1Opinion of the CourtGill, J.
— This is an action for malicious prosecution, wherein the plaintiff recovered in the circuit court a verdict and judgment for seven hundred and fifty dollars and defendant has appealed to this court.
The ground of plaintiff’s complaint is that defendant Shradski maliciously and without probable cause instituted, or caused to be instituted, before the city recorder of the City of Kansas, a criminal prosecution charging the plaintiff White with a breach of the peace. Plaintiff, on a trial had before the recorder, was acquitted of the charge.
This cause was tried on the petition setting up the…
2Cases cited1 opinion
- Lark v. BandeMissouri Court of Appeals · 1877
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