Legal Opinion

Jackson v. Linnington

Supreme Court of Kansas

Decided July 15, 1891PublishedCited by 8 opinions

Error from Brown District Court. Action for malicious prosecution, by T. B. Jackson against Cornelius G. Linnington, wherein he complained that he was arrested upon the complaint of Linnington, charged with the offense of malicious trespass, without reasonable or probable cause. He alleged that upon a trial he was acquitted of the crime, and claimed damages in the sum of $1,000. The answer of the defendant was a general denial.

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Error from Brown District Court. Action for malicious prosecution, by T. B. Jackson against Cornelius G. Linnington, wherein he complained that he was arrested upon the complaint of Linnington, charged with the offense of malicious trespass, without reasonable or probable cause. He alleged that upon a trial he was acquitted of the crime, and claimed damages in the sum of $1,000. The answer of the defendant was a general denial. At the trial the plaintiff offered testimony showing his arrest and acquittal, and tending to show that the defendant had made a conditional sale of a lot to a certain…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The evidence in the case is not preserved, but the record contains a short statement of what the evidence offered by the parties tended to show, and that is sufficient to raise the questions which the plaintiff desires to present upon the testimony and findings.. Complaint is first made of the refusal of instructions requested, as well as the giving of instructions which were objected to. While a general complaint is made, the plaintiff fails to indicate what the specific objections are, or to point out wherein the rulings are deemed by…

2Cases cited1 opinion

  1. St. Louis & San Francisco Railway Co. v. RitzSupreme Court of Kansas · 1885

3Cited by8 opinions

  1. El Reno Gas & Electric Co. v. SpurgeonSupreme Court of Oklahoma · 1911
  2. Burzio ex rel. Burzio v. Joplin & Pittsburg Railway Co.Supreme Court of Kansas · 1918
  3. Lesher v. Carbon Coal Co.Supreme Court of Kansas · 1928
  4. Osburn v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
  5. Rowe v. Glen Elder State BankSupreme Court of Kansas · 1931

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