Huber v. Zeiszler
North Dakota Supreme Court
Appeal from the judgment of the District Court of Mercer County, J. M. Hanley, Judge. It is true that malice is a question for the jury, and it may be proved by facts or inferred from the relation of the parties, the defendant’s acts and ill will manifested toward plaintiff, or it may be inferred for want of probable cause. It is further conceded that legal malice will sustain an action for malicious prosecution, the only difference being the degree of proof required.
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Appeal from the judgment of the District Court of Mercer County, J. M. Hanley, Judge. It is true that malice is a question for the jury, and it may be proved by facts or inferred from the relation of the parties, the defendant’s acts and ill will manifested toward plaintiff, or it may be inferred for want of probable cause. It is further conceded that legal malice will sustain an action for malicious prosecution, the only difference being the degree of proof required. But appellant contends that plaintiff has failed to prove these facts or conditions. Kollta v. Jones, -6 N. D. 461, 66 Am. St.…
1Opinion of the CourtGrace, J.
The action is one for malicious prosecution. The complaint alleges that on the 17th day of July, 1915, the defendant maliciously and without probable cause falsely charged the plaintiff herein with the crime of adultery, before a justice of the peace within and for the county of Mercer, and. also swore to a criminal complaint before such justice, charging the same crime. Such complaint further shows that such charge was false, and that the defendant knew it was false at the time he made the complaint. The plaintiff further shows his arrest by reason of the making of such complaint and the…
2Cases cited4 opinions
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Buchanan v. Occident Elevator Co.North Dakota Supreme Court · 1916
- State v. HaynesNorth Dakota Supreme Court · 1898
- Halverson v. LasellNorth Dakota Supreme Court · 1916
3Cited by21 opinions
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Butler v. &198tna Insurance Co.North Dakota Supreme Court · 1934
- Lund Ex Rel. Lund v. KnoffNorth Dakota Supreme Court · 1957
- Fisher v. SukoNorth Dakota Supreme Court · 1961
- Harmon v. HaasNorth Dakota Supreme Court · 1932
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