Brinsley v. Schulz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: OeeeN T. Williams, Judge. Action to recover damages for malicious prosecution.
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Appeal from a judgment of the circuit court for Kenosha county: OeeeN T. Williams, Judge. Action to recover damages for malicious prosecution. The complaint was to the effect that defendants, November 15, 1898, for the purpose of injuring plaintiff, maliciously and without probable cause procured his arrest upon the charge of having embezzled $285, possessed by him as agent of the Pike Woods Camp, No. 391, an association of the Modem Woodmen of America; that such proceedings were duly taken pursuant to sucb arrest that plaintiff was imprisoned in the-county jail of Kenosha county for a…
1Opinion of the CourtMaeshall, J.
In this class of cases one of the elements necessary to plaintiffs right to recovery is want of probable •cause for the commencement of the alleged malicious prosecution. If the evidence, in the most favorable view thereof in plaintiffs favor which it will reasonably bear, fails to establish that sufficiently to warrant a reasonable belief in its existence, it is the duty of the court, upon a motion being made therefor, to direct a verdict in defendant’s favor. One ■of the most efficient ways of negativing a -prima facie showing in that regard and' establishing affirmatively probable •cause…
2Cases cited2 opinions
- Messman v. IhlenfeldtWisconsin Supreme Court · 1895
- Small v. McGovernWisconsin Supreme Court · 1903
3Cited by8 opinions
- Brodrib v. DobersteinSupreme Court of Connecticut · 1928
- Gladfelter v. DoemelWisconsin Supreme Court · 1958
- King v. Apple River Power Co.Wisconsin Supreme Court · 1907
- Roby v. SmithSupreme Court of Oklahoma · 1914
- Hajec v. NovitzkeWisconsin Supreme Court · 1970
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