Malone v. Murphy
Supreme Court of Kansas
Hrror from Lemenworth County. This was an action for malicious 'prosecution, brought in the District Court of Leavenworth County by defendant in error against the plaintiff in error.
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Hrror from Lemenworth County. This was an action for malicious 'prosecution, brought in the District Court of Leavenworth County by defendant in error against the plaintiff in error. The action arose as follows: Plaintiff in error made an affidavit before D. B. Anthony, Mayor of the City of Leavenworth, averring “that on the 12th day of October, A. D. 1863, one John Murphy did feloniously steal, take and carry away one over-coat of the value of eight dollars, one saddle-bags of the value of three dollars, one pistol of the value of fourteen dollars, two blankets of the value of six dollars…
1Opinion of the Court
By the Court,
Crozieb, C. J.
The three points upon which the plaintiff in error relies for a reversal of the judgment of the Court below, are:—
1st. The Mayor of the City of Leavenworth could not lawfully exercise judicial functions under the laws of the State.
2nd. The District Court erred in charging the jury that they might give vindictive or punitive damages.
3d. The District Court erred in charging the jury that the law implied malice from want of probable cause.
By Article III, Sec. 1 of the constitution the judicial power of the State is “ vested in a Supreme Court, District Courts, Probate…
2Cited by57 opinions
- Wooderson v. Ortho Pharmaceutical Corp.Supreme Court of Kansas · 1984
- Smith v. PrintupSupreme Court of Kansas · 1993
- Newton v. Hornblower, Inc.Supreme Court of Kansas · 1978
- Plains Resources, Inc. v. GableSupreme Court of Kansas · 1984
- Watkins v. LaytonSupreme Court of Kansas · 1958
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