Hardin v. Hight
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Frank G. Smith, Judge; STATEMENT BY THE COURT. Appellee brought suit for damages for malicious prosecution against appellant, alleging that she had maliciously and without probable cause sworn out a search warrant before a justice of the peace of Lawrence County, charging that certain of her wearing apparel had been stolen and she suspected it was concealed in the house occupied by appellee and that under said warrant…
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Appeal from Craighead Circuit Court, Jonesboro District; Frank G. Smith, Judge; STATEMENT BY THE COURT. Appellee brought suit for damages for malicious prosecution against appellant, alleging that she had maliciously and without probable cause sworn out a search warrant before a justice of the peace of Lawrence County, charging that certain of her wearing apparel had been stolen and she suspected it was concealed in the house occupied by appellee and that under said warrant the constable searched her house and the trunk mentioned in the affidavit and failed to find, any of such property and…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted that the court erred in refusing appellant’s request for a directed verdict.
In Price Mercantile Co. v. Cuilla, 100 Ark. 318, this court said: “The law is well settled that where one lays all the facts in his possession before the public prosecutor, or other counsel learned in the law, and acts upon the advice of such counsel in instituting a prosecution this is conclusive of the existence of probable cause and is a complete defense in an action for malicious prosecution. Kansas & Texas Coal Co. v. Galloway, 71 Ark. 351.”
It is not undisputed…
2Cases cited4 opinions
- Kansas & Texas Coal Co. v. GallowaySupreme Court of Arkansas · 1903
- Carey v. SheetsIndiana Supreme Court · 1879
- Anderson v. CowlesSupreme Court of Connecticut · 1899
- Spangler v. BoozeSupreme Court of Virginia · 1904
3Cited by6 opinions
- Nally v. RichmondOregon Supreme Court · 1922
- Stewart v. First National Bank & Trust Co.Montana Supreme Court · 1933
- Ingraham v. BlevinsCourt of Appeals of Kentucky (pre-1976) · 1930
- Norton v. BurnettSupreme Court of Arkansas · 1930
- Gallucci v. Phillips & Jacobs Inc., Pennsylvania Court of Common Pleas, Philadelphia County1991
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