Krause v. Bishop
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by G-. R. Krause against Caroline Bishop. From a judgment for defendant, plaintiff appeals.
Read the full summary
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by G-. R. Krause against Caroline Bishop. From a judgment for defendant, plaintiff appeals. Where in actions of malicious prosecution the defendant has communicated to his counsel all the facts bearing on the case of which he has knowledge or could have ascertained with reasonable diligence and inquiry, and has acted upon the advice received,’honestly and in good faith, believing such person guilty of the crime charged, the absence of malice is established. Newell Mal. Pros. p. 310; 2 Thomp. on Trials, Sec.…
1Opinion of the CourtCorson, P. J.
This is an appeal by the plaintiff from a judgment entered upon a directed verdict in favor of the defendant. The action was for malicious prosecution, and the principal defense relied on was that the defendant, in instituting the prosecution under which the plaintiff was arrested and tried, acted under the advice of her counsel and the state’s at*300torney. At the conclusion of all the evidence the defendant moved the court for the direction of a verdict in her favor and against the plaintiff on the following grounds: “(1) That the undisputed evidence shows that the defendant, before commencing…
2Cases cited3 opinions
- Huntington v. GaultMichigan Supreme Court · 1890
- Perry v. SulierMichigan Supreme Court · 1892
- Jackson v. BellSouth Dakota Supreme Court · 1894
3Cited by8 opinions
- Manuel v. WilkaSouth Dakota Supreme Court · 2000
- Simmons v. GardnerWashington Supreme Court · 1907
- Bucher v. StaleySouth Dakota Supreme Court · 1980
- Steadman v. TophamWyoming Supreme Court · 1959
- Malloy v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1914
3 more not listed; retrieve them via the Exa API.