Brewer v. Jacobs
United States Circuit Court
Motion for New Trial. Action for malicious prosecution of an attachment suit. The plaintiff, in the year 1880 and before, was carrying on a cotton plantation in Arkansas, on the Mississippi river, below Memphis, Tennessee. As usual in that business, he had an arrangement with Richardson & May, of New Orleans, to furnish Rim money and supplies for the plantation, securing them by a mortgage on his interest in the crops, stock, farming implements, etc.
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Motion for New Trial. Action for malicious prosecution of an attachment suit. The plaintiff, in the year 1880 and before, was carrying on a cotton plantation in Arkansas, on the Mississippi river, below Memphis, Tennessee. As usual in that business, he had an arrangement with Richardson & May, of New Orleans, to furnish Rim money and supplies for the plantation, securing them by a mortgage on his interest in the crops, stock, farming implements, etc. A part of the plantation — about 90 acres — was known as the “Malone Place;” there being 600 acres in cultivation in the whole farm. With the…
1Opinion of the CourtHamiioNd, J.
The exceptions to the charge of the court are not, in my judgment, well taken. We may lay aside the doubtful question of the precise probative value of the record of the proceedings of the United States court in Arkansas in its relation to the issue of a want of probable cause in this suit. All agree that it maybe used to prove —and that fact must be always so proven — that the attachment suit resulted in favor of the plaintiff here. Whether it can have any further effect, and be considered as tending to prove that there was no probable cause for the attachment, it is now immaterial to…
2Cases cited15 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- White v. NichollsSupreme Court of the United States · 1845
- Wheeler v. NesbittSupreme Court of the United States · 1861
- United States v. ReedU.S. Circuit Court for the District of Northern New York · 1852
- Silsby v. FooteSupreme Court of the United States · 1853
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3Cited by19 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Williams v. United StatesCourt of Appeals for the Sixth Circuit · 1925
- Anderson v. WelshNew Mexico Court of Appeals · 1974
- United States v. TurriettaCourt of Appeals for the Tenth Circuit · 2012
- United States v. DavisU.S. Circuit Court for the District of Western Tennessee · 1900
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