Putnam v. Stalker
Oregon Supreme Court
From Grant: George E. Davis, Judge. ■ 'Statement by Mr. Commissioner Slater. This is an action for malicious prosecution by H. N. Putnam against J. L. Stalker. On March 27, 1906, defendant caused plaintiff to be arrested at Canyon City, Grant County, on a warrant issued by a justice of the peace, based on an information sworn to by defendant, charging plaintiff with having obtained from defendant on March 9, 1906, the sum of $37.50, under false pretenses.
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From Grant: George E. Davis, Judge. ■ 'Statement by Mr. Commissioner Slater. This is an action for malicious prosecution by H. N. Putnam against J. L. Stalker. On March 27, 1906, defendant caused plaintiff to be arrested at Canyon City, Grant County, on a warrant issued by a justice of the peace, based on an information sworn to by defendant, charging plaintiff with having obtained from defendant on March 9, 1906, the sum of $37.50, under false pretenses. By reason thereof, plaintiff was confined in the county jail for 41 days. On May 21, 1906, at the regular term of the circuit court for…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. By his motion for nonsuit, defendant invoked the ruling of the court on the legal effect of the evidence of plaintiff to support his cause of action. Upon such motion every intend'ment and every fair and legitimate inference which can ’arise from the evidence must be made in favor of plaintiff, and the court must assume those facts as' true which the jury can properly find under the evidence: Wallace v. Suburban Railway Co. 26 Or. 174 (37 Pac. 477: 25 L. R. A. 663). And if the evidence tends to show facts which will sustain the action, though *213remote, the…
2Cases cited6 opinions
- Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
- Sharpe v. JohnstonSupreme Court of Missouri · 1882
- Wallace v. Suburban Railway Co.Oregon Supreme Court · 1894
- Herbert v. DufurOregon Supreme Court · 1893
- Stamper v. RaymondOregon Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Hryciuk v. RobinsonOregon Supreme Court · 1958
- Harrison v. BirrellOregon Supreme Court · 1911
- Farrin v. State Industrial Accident CommissionOregon Supreme Court · 1922
- El Reno Gas & Electric Co. v. SpurgeonSupreme Court of Oklahoma · 1911
6 more not listed; retrieve them via the Exa API.