Legal Opinion

Potter v. Sims

Supreme Court of Iowa

Decided March 11, 1907PublishedCited by 3 opinions

Appeal from Polk District Court.— Hon. James A. Howe, Judge. Action at law to recover damages for malicious .prosecution. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtWeaver, C. J.

The defendant filed an information before a magistrate and caused the arrest of the plaintiff herein upon a charge of larceny, alleged to have been committed by concealing or selling mortgaged personal property of the value of more than $20. On the preliminary examination the magistrate found there was not sufficient reason •shown for believing the plaintiff guilty of the crime charged against him, and the prosecution was dismissed and the plaintiff ordered released from custody. Alleging that such prosecution was malicious and without probable cause to believe the truth of said charge,…

2Cases cited5 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. State v. FourchySupreme Court of Louisiana · 1899
  3. State v. GadboisSupreme Court of Iowa · 1893
  4. Kletzing v. ArmstrongSupreme Court of Iowa · 1903
  5. Walker v. CampSupreme Court of Iowa · 1886

3Cited by3 opinions

  1. Schnathorst v. WilliamsSupreme Court of Iowa · 1949
  2. White v. International Textbook Co.Supreme Court of Iowa · 1909
  3. Vorhes v. BuchwaldSupreme Court of Iowa · 1907

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