Closson v. Staples
Supreme Court of Vermont
Action on tlie case for malicious prosecution of a civil suit. Plea, the general issue. Trial by jury, and verdict for the plaintiff, March term, 1868, Peck, J., presiding.
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Action on tlie case for malicious prosecution of a civil suit. Plea, the general issue. Trial by jury, and verdict for the plaintiff, March term, 1868, Peck, J., presiding. The plaintiff introduced evidence tending to prove all the allegations of the declaration, and the necessary facts to entitle him to recover, except that it was not proved that the plaintiff in this suit was arrested, or any property attached, on the writ in the suit mentioned in the declaration, which the defendant caused to be prosecuted in Orange county, but it appeared that the writ in that suit was served on the…
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
This is an action on the case for malicious prosecution of a civil suit, and the first question is whether the court erred in their refusal to charge the jury as requested by the defendant. The case states that the plaintiff introduced testimony tending to prove all the allegations of his declaration, and the necessary facts to entitle him to recover, except it was not proved that the plaintiff in this suit was arrested or any property attached on the writ in the suit mentioned in the declaration, which Staples caused to be prosecuted in…
2Cases cited2 opinions
- Pangburn v. BullNew York Supreme Court · 1828
- Town of Plainfield v. PackerSupreme Court of Connecticut · 1836
3Cited by47 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Bickel v. MacKieDistrict Court, N.D. Iowa · 1978
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Burruss v. HinesSupreme Court of Virginia · 1897
- Pye v. CardwellTexas Supreme Court · 1920
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