Casey v. Sevatson
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Jackson county refusing a new trial, after a trial before Severance, Jand a jury, resulting in a verdict for plaintiff. The case is stated in the opinion. The charge of the court in defining probable cause is correct. The first part of the definition has been approved by this court in Cole v. Curtis, 16 Minn. 161, (182, 195,) and the second part is almost identical with 1 Hilliard on Torts, 430.
1Opinion of the CourtBebey, J.
This is an action for malicious criminal prosecution of the plaintiff before a justice of the peace. The charge made in the prosecution was that plaintiff “feloniously and unlawfully assaulted” the defendant “by striking him with a revolver.” Though not technically worded, this is a charge of assault and battery. State v. Garvey, 11 Minn. 95, (154.) In the course of the trial of the present action, the plaintiff offered in evidence the docket entries of the justice in the alleged malicious prosecution, which, among other things, jontained the following: “Upon due consideration of the evidence…
2Cases cited1 opinion
- McGurn v. BrackettSupreme Judicial Court of Maine · 1851
3Cited by12 opinions
- Martin v. CorscaddenMontana Supreme Court · 1906
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Groda v. American Stores CompanySupreme Court of Pennsylvania · 1934
- Chicago, R. I. & P. Ry. Co. v. HollidaySupreme Court of Oklahoma · 1911
- Gilbertson v. FullerSupreme Court of Minnesota · 1889
7 more not listed; retrieve them via the Exa API.