Shafer v. Loucks
New York Supreme Court
THIS is an appeal from a judgment entered upon the verdict of a jury, at the Schoharie circuit, in October, 1867. The action was for malicious prosecution. The defendant brought four successive actions in a justice’s court, against the plaintiff, three of which were discontinued, and the fourth resulted in a verdict against the present defendant, who was the plaintiff in those . several actions.
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THIS is an appeal from a judgment entered upon the verdict of a jury, at the Schoharie circuit, in October, 1867. The action was for malicious prosecution. The defendant brought four successive actions in a justice’s court, against the plaintiff, three of which were discontinued, and the fourth resulted in a verdict against the present defendant, who was the plaintiff in those . several actions. The plaintiff was a district school teacher, and the defendant’s children attended her school. A feeling of bitterness against the plaintiff arose, and was entertained by the defendant and his family,…
1Opinion of the Court
By the Court, Potter, J.
When the plaintiff" rested her case, at the trial, no motion was made for a nonsuit, or to dismiss the case for want of proving a cause of action. The testimony which had then been produced by the defendant was intended to destroy the case made by the plaintiff; the subsequent testimony of the plaintiff was to rebut or weaken that of the defendant. The briefs of parties present no objections taken to the admission of evidence by the judge, as error; and in this review we are bound to assume, as far as facts are in question, that they are truthfully found by the jury.
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2Cases cited3 opinions
- Miller v. MilliganNew York Supreme Court · 1866
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Scanlan v. CowleyNew York Court of Common Pleas · 1859
3Cited by7 opinions
- Thompson v. LumleyNew York Court of Common Pleas · 1875
- Brounstein v. SahleinNew York Supreme Court · 1892
- Anderson v. . HowNew York Court of Appeals · 1889
- Brounstein v. SahleinNew York Supreme Court · 1893
- Hall v. KehoeNew York Supreme Court · 1889
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