Grorud v. Lossl
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by A. A. Grorud against J. P. Lossl and. others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The issue in this case is whether or not the defendants maliciously and without probable cause caused the arrest or prosecution of the plaintiff.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by A. A. Grorud against J. P. Lossl and. others. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The issue in this case is whether or not the defendants maliciously and without probable cause caused the arrest or prosecution of the plaintiff. In Herzog v. Graham, 9 Lea (Tenn.), 152, the court said: “Malicious prosecution is the procuring the arrest or prosecution under the lawful process on the forms of law, but from malicious motives and without probable cause.” A clear and…
1Opinion of the CourtChief Justice Brantly
delivered'the opinion of the court.
Action for damages for malicious prosecution. The plaintiff had verdict and judgment. The defendants have appealed from the judgment and an order denying their motion for a new trial.
On behalf of the defendants the contention is made that the court erred in denying their separate motions for nonsuit, because it was not shown that either of the corporations authorized or had any connection with the prosecution on account of which this action was brought, and because the evidence failed to disclose that Lossl acted without probable cause. The contention is…
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