Lindsey v. Couch
Supreme Court of Oklahoma
Error from the United States Court for the Southern District of the Indian Territory; J. T. Dicherson, Judge. Action by Tip Couch against R. P. Lindsey. Judgment for plaintiff, and defendant brings error. Tip Couch, defendent in error, plaintiff below, sued F. R. Lindsej1', plaintiff in error, defendent below, in the United States Court for the Indian Territory, Southern District, at Chickasha, for malicious prosecution in three counts, in substance: First.
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Error from the United States Court for the Southern District of the Indian Territory; J. T. Dicherson, Judge. Action by Tip Couch against R. P. Lindsey. Judgment for plaintiff, and defendant brings error. Tip Couch, defendent in error, plaintiff below, sued F. R. Lindsej1', plaintiff in error, defendent below, in the United States Court for the Indian Territory, Southern District, at Chickasha, for malicious prosecution in three counts, in substance: First. That on June 10, 1903, defendant falsely,' maliciously, and without reasonable or probable cause filed a complaint before a United States…
1Opinion of the CourtTurner, J.
(after stating the facts as above). As there was no evidence connecting defendant with the prosecution alleged in the first cause of action, and none to connect him with the second cause of action, save that he notified Jones, whom he supposed to be the owner of the steer, that he had bought it from 'the .plaintiff and also notified Jesse Gilmore, inspector for the Cattle Kaisers’ Association, to the same effect, who caused Madsen, a constable, to swear out the warrant, there is a total lack of evidence in support of either one of these contentions, and the controversy is reduced to the…
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