Pierce v. Lyons
South Dakota Supreme Court
Appeal from Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by Henry Pierce, against John J. Lyons, to recover damages for malicious prosecution. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from Circuit Court, Brown County. Hon. Frank Anderson, Judge. Action by Henry Pierce, against John J. Lyons, to recover damages for malicious prosecution. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (i) To point one of the opinion, Appellant cited: Lamb v. Galland, 44 Cal. 611; Perkins v. Spaulding (Mass.), 65 N. E. 72. Respondent cited: Comfort v. Morwood (N. D.)-, 158'N. W. 258; Maguer v. Renk (Wis.), 27 N. W. 26; 26 Cyc. 100. (3) To point three, .Respondent cited: 26 Cyc. 63. (5) To point five, Appellant cited: Krause v. Bishop, 18 S. D.…
1Opinion of the CourtGates, J.
faction for damages for malicious prosecution. From a judgment in favor of plaintiff for $500 and costs, and from an order denying new trial, defendant appeals.
The evidence on the part of plaintiff, which, though in some respects contradicted, we must take as true for the purposes of this appeal, tended to show the following situation: Plaintiff and wife were employed by defendant to work on the farm of defendant north of Rudolph, in Brown -count}', for the season of 1918. It was agreed that the wife was to do the cooking and. housework and was to have half of the chickens raised. Plaintiff…
2Cases cited5 opinions
- Ellwein v. Town of RoscoeSouth Dakota Supreme Court · 1919
- Magmer v. RenkWisconsin Supreme Court · 1886
- Krause v. BishopSouth Dakota Supreme Court · 1904
- Wren v. RehfeldSouth Dakota Supreme Court · 1916
- Comeford v. MorwoodNorth Dakota Supreme Court · 1916
3Cited by5 opinions
- Bucher v. StaleySouth Dakota Supreme Court · 1980
- Lindsay v. WoodsCourt of Appeals of Texas · 1930
- Braathen v. WellerSouth Dakota Supreme Court · 1921
- Brown v. KeyesSouth Dakota Supreme Court · 1929
- Bucher v. StaleySouth Dakota Supreme Court · 1980