Small v. McGovern
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Vilas county: W. C. SilvebthoeN, Circuit Judge. Action for malicious prosecution.
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Appeal from a judgment of the circuit court for Vilas county: W. C. SilvebthoeN, Circuit Judge. Action for malicious prosecution. It appeared that the defendant, engaged in lumbering in Florence county, applied to an employment agent at Oconto to employ certain teams for him, in response to which the plaintiff appeared as one of the firm of Devereux & Small with six teams of horses, and worked through a period of about two months, at the close of which time he applied for payment, and the defendant inquired of him whether he or his firm was the owner of all of the horses and entitled to draw…
1Opinion of the Court
Dod&e, J.
The first assignment of error argued by the appellant is upon the refusal to direct a verdict in favor of the defendant and to set aside the negative answers to the questions in the special verdict inquiring whether the defendant had made a full and fair statement of all the facts and circumstances to the district attorney of Florence county, whether he was advised by the district attorney before swearing to the complaint that the plaintiff was guilty of obtaining money under false pretenses, and whether he acted upon the advice of the district attorney in good faith. The motion to…
2Cases cited10 opinions
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Eggett v. AllenWisconsin Supreme Court · 1900
- Stone v. Northwestern Sleigh Co.Wisconsin Supreme Court · 1888
- Strehlow v. PettitWisconsin Supreme Court · 1897
- Messman v. IhlenfeldtWisconsin Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Topolewski v. Plankinton Packing Co.Wisconsin Supreme Court · 1910
- Kamp v. Coxe Bros. & Co.Wisconsin Supreme Court · 1904
- Nally v. RichmondOregon Supreme Court · 1922
- Russell v. ChamberlainIdaho Supreme Court · 1906
- Brinsley v. SchulzWisconsin Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.