Birdsall v. Smith
Michigan Supreme Court
Error to Kent; Perkins, J. Case by Martin P. Birdsall against Eldon Smith, Ormond C. Howe, and Edward A. Havens for malicious prosecution. A judgment for defendants on a verdict directed by the court is reviewed by plaintiff on writ of error.
1Opinion of the CourtHooker, J.
The plaintiff, a vendor of milk, was prosecuted upon the complaint of defendant Howe for selling adulterated milk. Being acquitted upon a trial, he brought this action for malicious prosecution against Howe and two other defendants. The learned circuit judge directed a verdict for defendants upon the grounds:
*392(1) That the plaintiff had failed to prove a want of probable cause for the complaint.(2) That there was no evidence tending to show a conspiracy between the defendants to wrongfully prosecute.(3) That, there being no proof of a want of probable cause, the question of defendant’s motives…
2Cases cited9 opinions
- Hamilton v. SmithMichigan Supreme Court · 1878
- Spalding v. LoweMichigan Supreme Court · 1885
- LeClear v. PerkinsMichigan Supreme Court · 1894
- Rankin v. CraneMichigan Supreme Court · 1895
- Rogers v. OldsMichigan Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc. v. Fox, Rothschild, O'Brien & Frankel, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., on Their Own Behalf and on Behalf of All Others Similarly Situated v. Arnold T. Berman Myron J. Berman John J. Petit, Jr., Prothonotary of the Court of Common Pleas of Philadelphia County, Joe J. Jordan James E. Mitchell Jordan Mitchell, Inc., at No. 92-1424, Arnold T. Berman and Myron J. Berman, at No. 92-1456Court of Appeals for the Third Circuit · 1994
- Roland Pinsky Jennie Pinsky and Eileen Fedowitz, Brian K. Doehr v. Robert K. Duncan and Joseph Golden Insurance Agency, John F. Di GiovanniCourt of Appeals for the Second Circuit · 1996
- Howard L. Wyatt v. Bill Cole, John Robbins, IICourt of Appeals for the Fifth Circuit · 1993
- Renda v. International Union, UAWMichigan Supreme Court · 1962
- Jordan v. Fox, Rothschild, O'Brien & FrankelCourt of Appeals for the Third Circuit · 1994
17 more not listed; retrieve them via the Exa API.