Shafer v. Hertzig
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Goodhue county, Williston, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $145. In an action for malicious prosecution the burden of proof is on plaintiff to prove his complaint. . He is required to prove the institution of the proceedings, a lack of probable cause and malice and malicious motive on the part of the defendant.
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Appeal by defendant from an order of the district court for Goodhue county, Williston, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $145. In an action for malicious prosecution the burden of proof is on plaintiff to prove his complaint. . He is required to prove the institution of the proceedings, a lack of probable cause and malice and malicious motive on the part of the defendant. A prima facie case is not made by proving the signing of the criminal complaint and the acquittal of plaintiff or failure of…
1Opinion of the CourtLovely, J.
Action for malicious prosecution. There was a verdict for the plaintiff. A motion by defendant for judgment or new trial in the alternative, was denied. From this order defendant appeals.
The complaint sets forth a cause of action for the prosecution of plaintiff before a justice of the peace of the village of Pine Island for having maliciously used defamatory words in the presence of third parties concerning defendant’s wife, which exposed her to contempt and ridicule, in violation of section 6507, G. S. 1894. The plaintiff was arrested upon the complaint of defendant here. There was a trial…
2Cases cited4 opinions
- Burton v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Casey v. SevatsonSupreme Court of Minnesota · 1883
- Tabert v. CooleySupreme Court of Minnesota · 1891
- Hlubek v. PinskeSupreme Court of Minnesota · 1901
3Cited by6 opinions
- Stead-Bowers v. LangleyCourt of Appeals of Minnesota · 2001
- Lundberg v. ScogginsSupreme Court of Minnesota · 1983
- Hanowitz v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Mielke Ex Rel. Mielke v. RodeNorth Dakota Supreme Court · 1929
- Williams v. Pullman Co.Supreme Court of Minnesota · 1915
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