Legal Opinion

Slater v. Taylor

Court of Appeals for the D.C. Circuit

Decided March 31, 1908No. 1811PublishedCited by 7 opinions

Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for malicious prosecution, libel, and assault and battery.

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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia, on verdict, in an action for malicious prosecution, libel, and assault and battery. The Court in the opinion stated the facts as follows: This appeal brings up for review the action of the trial court, at the close of plaintiff’s testimony, in directing a verdict for the defendant on eacb of the three counts of the declaration, charging, respectively, malicious prosecution, libel, and assault and battery. Plaintiff’s father intrusted to him for collection a claim against defendant, Stevens…

1Opinion of the CourtJustice Robb

Under the facts stated, did the court err in holding that the defendant had probable cause for swearing out the affidavit?

Section 819 of the Code provides that “whoever verbally, or in writing, accuses or threatens to accuse any other person of a crime, or of any conduct which, if true, would tend to disgrace such other person, or in any other way subject him to the ridicule or contempt of society, or threatens to expose or publish any of his infirmities or failings, with intent to extort from such other person anything of value or any pecuniary advantage whatever, or to compel the person…

2Cases cited4 opinions

  1. Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
  2. United States v. DodgeDistrict Court, E.D. Pennsylvania · 1895
  3. United States v. BrownU.S. Circuit Court for the District of Vermont · 1890
  4. United States v. SimmonsDistrict Court, D. Connecticut · 1894

3Cited by7 opinions

  1. Clark v. Associated Retail Credit Men of WashingtonCourt of Appeals for the D.C. Circuit · 1939
  2. Lewis v. ElliottDistrict Court, District of Columbia · 1986
  3. O'Neil v. StateWisconsin Supreme Court · 1941
  4. Viner v. FriedmanDistrict of Columbia Court of Appeals · 1943
  5. Garnet L. King. v. Laura H. HildebrandtCourt of Appeals for the Second Circuit · 1964

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