Vickers v. . Logan and Hampton
Supreme Court of North Carolina
Tens was an acti’on on the case for malicious prosecution in the siring out á State’s warrant charging the plaintiff with a lar» ceny, and was tried upon the plea oí general issue before Ellis, Judge, on the last Spring Circuit, at Rutherford.
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Tens was an acti’on on the case for malicious prosecution in the siring out á State’s warrant charging the plaintiff with a lar» ceny, and was tried upon the plea oí general issue before Ellis, Judge, on the last Spring Circuit, at Rutherford. After the testimony in the case was closed, (which it is deemed unnecessary to insert here,) the plaintiff’s counsel asked his Honor to charge the jury that there was no probable cause for suing out the said State’s warrant against the plaintiff. His Honor “ refused to give the instruction prayed for, but defined to the jury what in law constituted…
1Opinion of the CourtBattle, J.
We may say here what this Court said in the case of Beale v. Roberson, 7 Ire. Rep. 280, that “ this case brings up again the question whether probable cause is matter of law so as to make it the duty of the Court to direct the jury, that if they find certain facts upon the evidence, or draw from them certain other inferences of fact, there is or is not probable cause ; thus leaving the questions of fact to the jury, and keeping their effect, in point of reason, for the decision of the Court, as a matter of law. Upon that question the opinion of all the Court is in the affirmative, and…
2Cited by4 opinions
- Wilkinson v. . WilkinsonSupreme Court of North Carolina · 1912
- Carson v. DoggettSupreme Court of North Carolina · 1950
- Dunnington v. LoeserSupreme Court of Oklahoma · 1915
- Bowen v. W. A. Pollard & Co.Supreme Court of North Carolina · 1917