Stamper v. Raymond
Oregon Supreme Court
From Umatilla: Stephen A. Lowell, Judge. This is an action by Jesse L. Stamper against W. W. Raymond and J. B. Huntington for malicious prosecution.
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From Umatilla: Stephen A. Lowell, Judge. This is an action by Jesse L. Stamper against W. W. Raymond and J. B. Huntington for malicious prosecution. Essentially, it is alleged by the complaint that on August 22, 1899, the defendants maliciously conspired together to cause the arrest and imprisonment of the plaintiff, with the intent to injure him, and in pursuance thereof falsely, maliciously, and without probable cause, instituted criminal proceedings against him before M. A. Ferguson, a justice of the peace for Adams District, in the County of Umatilla, Oregon, whereby they charged him with…
1Opinion of the CourtJustice Wolverton
1. To support the action it is necessary to show that the prosecution complained of was instituted with malice and without probable cause. These are two essential and distinct ingredients, without the concurrence of which it cannot be maintained. The prosecution may have been without probable cause, but, if set in operation without malice, there can be no recovery in this action. So it is that, with whatsoever malice the prosecution may have been conceived, if the prosecutor had probable cause for proceeding with it he does not thereby lay himself liable to damages. To these ingredients may…
2Cases cited15 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Wheeler v. NesbittSupreme Court of the United States · 1861
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
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3Cited by21 opinions
- Timmins v. HaleOregon Supreme Court · 1927
- Hryciuk v. RobinsonOregon Supreme Court · 1958
- Schneider v. TapferOregon Supreme Court · 1919
- Fleet v. May Department Stores, Inc.Oregon Supreme Court · 1972
- White v. Pacific Telephone & Telegraph Co.Oregon Supreme Court · 1939
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