Legal Opinion

Larsen v. Johnson

South Dakota Supreme Court

Decided July 30, 1920No. File No. 4655PublishedCited by 15 opinions

Appeal from Circuit 'Court, Clay County. Hon. Robert B. Tripp, Judge. Action by Aldric J. Larsen against Hansene Johnson, to recover damages from' malicious prosecution. From an order granting a new trial after verdict for plaintiff, plaintiff appeals. (1) To point one of the opinion, Respondent cited: Johnson v. Miller, 29 N. W., 743, Iowa; Christy v. Rice, Mich., 116, N. W. 200. (2) To point two, Appellant cited: Wuest v. American To'b.

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Appeal from Circuit 'Court, Clay County. Hon. Robert B. Tripp, Judge. Action by Aldric J. Larsen against Hansene Johnson, to recover damages from' malicious prosecution. From an order granting a new trial after verdict for plaintiff, plaintiff appeals. (1) To point one of the opinion, Respondent cited: Johnson v. Miller, 29 N. W., 743, Iowa; Christy v. Rice, Mich., 116, N. W. 200. (2) To point two, Appellant cited: Wuest v. American To'b. Co., 10 S. D. 394; Davis v. McMillan (Mich.), 1015 N. W. 862. (6) To point six, Appellant cited: Clement v. Barnes, 6 S. D. 483; Eades v. Trowbridge, 143…

1Opinion of the CourtMcCOY, P. J.

Plaintiff brought this action, alleging that defendant wrongfully, falsely, maliciously, and without probable cause accused and charged plaintiff with having murdered her son, and caused plaintiff to be arrested and prosecuted on said charge thereby greatly injuring him in his good- name, reputation,, and standing in the community in which he lived; that notwithstanding plaintiff was discharged upon a hearing duly had according to law, the defendant wrongfully and maliciously, and -wholly without cause, thereafter continued to falsely charge and assert that plaintiff was guilty of murdering…

2Cases cited2 opinions

  1. Malloy v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1914
  2. Jackson v. BellSouth Dakota Supreme Court · 1894

3Cited by15 opinions

  1. LDL Cattle Co., Inc. v. GuetterSouth Dakota Supreme Court · 1996
  2. Bucher v. StaleySouth Dakota Supreme Court · 1980
  3. Junge v. JerzakSouth Dakota Supreme Court · 1994
  4. Houck v. HultSouth Dakota Supreme Court · 1931
  5. Larsen v. JohnsonSouth Dakota Supreme Court · 1924

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