Legal Opinion

Fauver v. Wilkoske

Montana Supreme Court

Decided October 28, 1949No. 8854PublishedCited by 35 opinions

1Opinion of the Court

MR. CHIEF JUSTICE ADAIR:

This is an action for damages for malicious prosecution.

Upon issues being joined the cause was tried to a jury, resulting in the following verdict returned in open court:

“We the jury in the above entitled action, find the issues herein in favor of the plaintiff and against the defendant and assess the plaintiff’s damages in the sum of none.
“We further find that the criminal action against the plaintiff was commenced and prosecuted against the plaintiff by the defendant without probable cause and maliciously and that plaintiff is entitled to punitive and exemplary…

2Cases cited29 opinions

  1. Stephens v. ConleyMontana Supreme Court · 1914
  2. Northern Pacific Railroad v. UrlinSupreme Court of the United States · 1895
  3. Clark v. McClurgCalifornia Supreme Court · 1932
  4. Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
  5. Conway v. FabianMontana Supreme Court · 1939

24 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Tri-Tron International, a Montana Corporation v. A. A. Velto and William Wurz, Etc.Court of Appeals for the Ninth Circuit · 1975
  2. Lipinski v. Title InsuranceMontana Supreme Court · 1982
  3. Shell Oil Co. v. ParkerCourt of Appeals of Maryland · 1972
  4. Runkle v. Burlington NorthernMontana Supreme Court · 1980
  5. Welsh v. PritchardMontana Supreme Court · 1952

30 more not listed; retrieve them via the Exa API.

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