Morgan v. . Stewart
Supreme Court of North Carolina
Civil actioN for malicious prosecution, tried before Justice, Jv and a jury, at October'Term,. 1906, Superior Court of Anson County.
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Civil actioN for malicious prosecution, tried before Justice, Jv and a jury, at October'Term,. 1906, Superior Court of Anson County. There was evidence t'o the effect that in February, 1906, the present defendant, who was at that time superintendent of health for Union County, had caused the arrest and trial before two justices of the peace of said county of the present plaintiff, who was then teaching a public school in Union, on a charge of wrongfully refusing to be vaccinated and to permit the vaccination of the pupils of his school, pursuant to regulations of the sanitary committee of…
1Opinion of the CourtHoke, J.
It is accepted doctrine with us that, on facts admitted or established, the question of probable cause is one of law for the Court. Jones v. Railroad, 125 N. C., 229; Bradley v. Morris, 44 N. C., 395; Swaim v. Stafford, 26 N. C., 392.
And it is further held that the acquittal by a court which has jurisdiction to try and determine the question does not make out a prima facie case of want of probable cause. Bell v. Pearcy, 33 N. C., 233.
Applying these principles, a careful examination of the records leads .us to the conclusion that in no aspect of the testimony has plaintiff made out his…
2Cases cited8 opinions
- State v. . HaySupreme Court of North Carolina · 1900
- Morris v. City of ColumbusSupreme Court of Georgia · 1898
- Bell v. . PearcySupreme Court of North Carolina · 1850
- Cabiness v. . MartinSupreme Court of North Carolina · 1832
- Jones v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1899
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3Cited by38 opinions
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- Cook v. LanierSupreme Court of North Carolina · 1966
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