Williams v. Orblitt
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; J. B. Baker, Judge; reversed. 1. A motion for peremptory instruction concedes as true the evidence in behalf of the adverse party. 38 Cyc. 1563; Thompson on Trials, (2 Ed), § 2267; 89 Ark. 522; 115 Id. 166; 92 Id. 618; 96 Id. 394; 89 Id. 222, 372; 4 C. J. 765. The case should have been submitted to a jury. 2. There was want of probable cause and malice and a case for a jury. 76 Ark. 540; 99 Id. 490. There was substantial evidence to…
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Appeal from Randolph Circuit Court; J. B. Baker, Judge; reversed. 1. A motion for peremptory instruction concedes as true the evidence in behalf of the adverse party. 38 Cyc. 1563; Thompson on Trials, (2 Ed), § 2267; 89 Ark. 522; 115 Id. 166; 92 Id. 618; 96 Id. 394; 89 Id. 222, 372; 4 C. J. 765. The case should have been submitted to a jury. 2. There was want of probable cause and malice and a case for a jury. 76 Ark. 540; 99 Id. 490. There was substantial evidence to warrant a verdict by a jury. 98 Ark. 334; 100 Id. 71; 128 Ark. 347. 3. In an action for malicious prosecution, a jury may…
1Opinion of the CourtSmith, J.
This suit was instituted by appellant to recover damages on account of an alleged malicious prosecution, and in support of her cause of action she offered the following testimony. The mayor of Pocahontas testified that appellee swore out before him on October 20, a warrant of arrest for appellant, charging her with petit larceny; that she gave bond for her appearance on October 24, and appeared in court on that day to answer the charge. Appellee was present with an attorney representing the prosecution, but no trial was had as a bond for costs was demanded; and when none was given the cause…
2Cases cited1 opinion
- Twist v. MullinixSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Malvern Brick & Tile Co. v. HillSupreme Court of Arkansas · 1961
- Louisiana Oil Refining Corp. v. YeltonSupreme Court of Arkansas · 1933
- Norton v. BurnettSupreme Court of Arkansas · 1930
- Malvern Brick & Tile Co. v. HillSupreme Court of Arkansas · 1961