Covill v. Gerschmay
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The court erred in its instructions given, erred in refusing one to the effect that the municipal court bad no jurisdiction of the offense charged in the warrant of arrest. Commencement of criminal proceedings merely for the purpose of aiding some private interest is an abuse of the process of the court and conclusive of malice.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. The court erred in its instructions given, erred in refusing one to the effect that the municipal court bad no jurisdiction of the offense charged in the warrant of arrest. Commencement of criminal proceedings merely for the purpose of aiding some private interest is an abuse of the process of the court and conclusive of malice. Blashfield, Inst, to Juries, § 5074, p. 3253. 2. Plaintiff was entitled to a verdict, and the first instruction should have been given because the municipal court had no jurisdiction of a trespass on real estate…
1Opinion of the CourtSmith, J.
Appellant brought this suit to recover damages for an alleged false imprisonment and malicious prosecution. There was a trial before a jury, and a verdict and judgment for the defendant, from which is this appeal.
Appellant was arrested upon a warrant issued by Y. S. Ledgerwood, judge of the municipal court of the city of Hot Springs, charging him with the offense of malicious mischief, and upon a trial of that charge the cause was dismissed. Appellant brought this suit, and offered testimony tending to show that the prosecution was instituted by appellee without probable cause, and was…
2Cases cited1 opinion
- State ex rel. Moose v. WoodruffSupreme Court of Arkansas · 1915
3Cited by6 opinions
- Firemen's Insurance Co. of Newark v. RyeSupreme Court of Arkansas · 1923
- F. Kiech Manufacturing Co. v. JamesSupreme Court of Arkansas · 1924
- Brickell v. Guaranty Loan & Trust Co.Supreme Court of Arkansas · 1936
- Desoto Life Insurance Company v. JeffettSupreme Court of Arkansas · 1948
- Hethcox v. StewartSupreme Court of Arkansas · 1928
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