Strozzi v. Wines
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Elko county; G. F. Talbot, District Judge: Action by C. P. Strozzi against Ira D. Wines and Eugene Wines, for damages for false imprisonment. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear in the opinion. I. If this is an action for malicious prosecution, both malice and want of probable cause must be proven by a preponderance of the evidence.
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Appeal from the District Court of the State of Nevada, Elko county; G. F. Talbot, District Judge: Action by C. P. Strozzi against Ira D. Wines and Eugene Wines, for damages for false imprisonment. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear in the opinion. I. If this is an action for malicious prosecution, both malice and want of probable cause must be proven by a preponderance of the evidence. If either malice or want of probable cause be not shown, a verdict for the plaintiff cannot be sustained. Malice may be inferred from want of probable cause, but…
1Opinion of the Court
The facts sufficiently appear in the opinion. Plaintiff purchased a mortgage made by Len Wines and wife to the Elko-Tuscarora Mercantile Company upon premises known as the Len Wines place, in Ruby valley in Elko county. He was advised by the vice-president of the company to take possession of the property. Acting upon the advice, he and two others took peaceable possession. He remained so in the possession for two weeks, when he and his companions were arrested by the constable of Ruby Valley township upon a warrant charging them with the offense of trespass. The warrant was issued by the…
2Cases cited5 opinions
- Colter v. LowerIndiana Supreme Court · 1871
- Gifford v. WigginsSupreme Court of Minnesota · 1892
- Hauss v. KohlarSupreme Court of Kansas · 1881
- Painter v. IvesNebraska Supreme Court · 1875
- Johnson v. Von KettlerIllinois Supreme Court · 1872
3Cited by9 opinions
- Southern Pacific Company v. WatkinsNevada Supreme Court · 1967
- Pomeranz v. ClassSupreme Court of Colorado · 1927
- Schulz v. LambCourt of Appeals for the Ninth Circuit · 1978
- Garton v. City of RenoNevada Supreme Court · 1986
- Hamilton v. Pacific Drug Co.Washington Supreme Court · 1914
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