Olson v. Tvete
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Otter Tail county, where the action (brought to recover $10,000 for malicious prosecution) was tried before Searle, J., and a dismissal ordered at the close of plaintiff’s ease.
1Opinion of the CourtDickinson, J.
1. An action for damages will lie for maliciously and without probable cause procuring the issuance and execution of a search-warrant for goods alleged to have been stolen. Carey v. Sheets, 67 Ind. 375; Whitson v. May, 71 Ind. 269; Miller v. Brown, 3 Mo. 127. Such a proceeding not.only involves an imputation of criminal conduct on the part of the person whose premises are thus subjected to search, but it contemplates the arrest of the person if, upon search, the property is found in his possession. Such is the direction in the search-warrant. So prejudicial were such proceedings deemed to be,…
2Cases cited8 opinions
- Israel v. BrooksIllinois Supreme Court · 1860
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Craig v. CookSupreme Court of Minnesota · 1881
- McIntire v. LeveringMassachusetts Supreme Judicial Court · 1889
- Carey v. SheetsIndiana Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- McIntosh v. WalesWyoming Supreme Court · 1913
10 more not listed; retrieve them via the Exa API.