Berry v. Priddy
Mississippi Supreme Court
Appeal from circuit court of Alcorn county. Hon. C. P. Long, Judge. Action by H. B. Priddy against W. S. Berry for malicious prosecution. Judgment for plaintiff, and defendant appeals. We cannot agree with, learned counsel for appellee when they say there was no question of probable cause.
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Appeal from circuit court of Alcorn county. Hon. C. P. Long, Judge. Action by H. B. Priddy against W. S. Berry for malicious prosecution. Judgment for plaintiff, and defendant appeals. We cannot agree with, learned counsel for appellee when they say there was no question of probable cause. The law governing probable cause as a question for the jury is correctly stated in original brief of G. C. Moreland, in the following language: “The court should not instruct the jury that probable cause is proved unless the facts are agreed by the pleadings or submitted to the court by the parties.” Miller…
1Opinion of the CourtSmith, C. J.
This is an appeal from a judgment awarding the appellee damages in an action for malicious prosecution.. The basis of the action is a charge of perjury .lodged by the appellant against the appellee with a justice of the peace, who, after hearing the evidence, discharged the appellee.
The affidavit charging the appellee with perjury set forth that in a certain lawsuit in the circuit court of Al-corn county, wherein “it became and was necessary to inquire into the size of a certain bit used in reaming out a certain well, and whether he (the appellee) reamed out the well the same diameter all the…
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