Painter v. Ives
Nebraska Supreme Court
This action was commenced in the district court of "Washington county, on the seventeenth day of July, 1813, by Ezra Ives against Edward Painter.
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This action was commenced in the district court of "Washington county, on the seventeenth day of July, 1813, by Ezra Ives against Edward Painter. The petition alleged that on the tenth day of July, A. I)., 18T3, the said defendant, Fainter, willfully and maliciously, and without probable cause, filed a complaint under affirmation with one William L. Peabody, a United States commissioner for the district of Nebraska, which complaint was as follows: UNITED STATES OF AMERICA, District of Nebraska. The information and complaint of Edward Painter, U. S. Indian agent of Omaha tribe in said…
1Opinion of the Court
Lake, Ch. J.
One of the principal questions argued at the bar, and the one chiefly relied on for a reversal of the judgment of the court below, relates to the jurisdiction of the United States Commissioner over the offense with which Ives was charged.
It was urged on behalf of plaintiff in error, that an action for malicious prosecution cannot be maintained, where the proceedings complained of were had in a court having no jurisdiction of the subject matter of the suit. And this seems to be the correct rule when applied to an action for malicious prosecution, strictly speaking, where an injury…
2Cases cited2 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Lawrence v. LanningIndiana Supreme Court · 1853
3Cited by14 opinions
- Marion v. StateNebraska Supreme Court · 1884
- State ex rel. Crawford v. NorrisNebraska Supreme Court · 1893
- Chicago, Saint Paul, Minneapolis & Omaha Railway Co. v. LundstromNebraska Supreme Court · 1884
- Johnson v. BoutonNebraska Supreme Court · 1892
- Territory of Montana v. BurgessMontana Supreme Court · 1888
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