Spain v. Howe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia county. Action to recover damages for an alleged malicious prosecution. Tlie essential facts will appear from the opinion.
Read the full summary
APPEAL from the Circuit Court for Columbia county. Action to recover damages for an alleged malicious prosecution. Tlie essential facts will appear from the opinion. The court gave the jury, at plaintiff’s request, the two instructions set forth in the opinion; and further instructed them, in substance, as follows : “To entitle the plaintiff to recover, three things must be established: First, the alleged malicious prosecution must have been without probable cause ; secondly, it must have been malicious ; thirdly, it must have terminated in favor of the plaintiff. No question is made that it…
1Opinion of the CourtPaute, J.
This action was for a malicious prosecution. 1 One Smith was in possession of a farm belonging to the defendant, and had raised a crop upon it. 'He had occupied it the previous year as tenant, and claimed to have made a parol agreement with the defendant for another year. There was some dispute upon this point, as to the terms of the renewal, and as to whether Smith had complied with the arrangement on his part. But there was no dispute as to the facts that he had occupied the previous year as tenant, and had held over, was still in possession, claiming the rights of a tenant, and had *628raised…
2Cited by10 opinions
- Lueck v. HeislerWisconsin Supreme Court · 1894
- Eggett v. AllenWisconsin Supreme Court · 1903
- Sherburne v. RodmanWisconsin Supreme Court · 1881
- Dreyfus v. AulNebraska Supreme Court · 1890
- Strehlow v. PettitWisconsin Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.