Dunnington v. Loeser
Supreme Court of Oklahoma
Error from District Court, Alfalfa County; Jas. W. Steen, Judge. Action by Frank Loeser against C. S. Dunnington, administrator of the estate of Carl Loeser, deceased. Judgment for plaintiff, and defendant brings error. Reversed and remanded for new trial. During the pendency of this appeal the plaintiff in error, Carl Loeser, died, and by proper proceedings the case was revived in the name of his administrator.
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Error from District Court, Alfalfa County; Jas. W. Steen, Judge. Action by Frank Loeser against C. S. Dunnington, administrator of the estate of Carl Loeser, deceased. Judgment for plaintiff, and defendant brings error. Reversed and remanded for new trial. During the pendency of this appeal the plaintiff in error, Carl Loeser, died, and by proper proceedings the case was revived in the name of his administrator. The petition alleges in proper form a cause of action for malicious prosecution and alleges damages in the sum of $20,000. The answer is a general denial, and admits that a criminal…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). The question presented by the exceptions to the charge of the court above set out raises the question as to whether or not probable cause is a question for the jury or a question of law.
Michael v. Matson, 81 Kan. 360, 105 Pac. 537, is a strong authority in the case at bar. The instruction objected to in that ease was as follows:
“You are instructed that, to constitute probable cause for criminal prosecution,, there must be such reasonable grounds of suspicion, , supported by circumstances suf ficiently strong * * * to warrant an…
2Cases cited5 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Michael v. MatsonSupreme Court of Kansas · 1909
- Lacey v. PorterCalifornia Supreme Court · 1894
- Stone v. CrockerMassachusetts Supreme Judicial Court · 1832
- Vickers v. . Logan and HamptonSupreme Court of North Carolina · 1853
3Cited by25 opinions
- Capshaw v. Gulf Insurance Co.Supreme Court of Oklahoma · 2005
- Powell v. SeaySupreme Court of Oklahoma · 1976
- Sellars v. McCulloughSupreme Court of Oklahoma · 1989
- Williams v. FreySupreme Court of Oklahoma · 1938
- Empire Gas & Fuel Co. v. WainscottSupreme Court of Oklahoma · 1923
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