Whitehead v. Jessup
Colorado Court of Appeals
Appeal from the Superior Court of the City of Denver. Action for damages sustained by the plaintiff by reason of a criminal prosecution instituted against him by the defendant. The plaintiff recovered judgment, and the defendant appealed. The facts are fully stated by BiSSELL, J. Sometime in 1888 Andrew Whitehead filed a complaint before Sales, a justice of the peace in Arapahoe county, charging Alvin.L. Jessup with the crime of obtaining money by false pretenses.
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Appeal from the Superior Court of the City of Denver. Action for damages sustained by the plaintiff by reason of a criminal prosecution instituted against him by the defendant. The plaintiff recovered judgment, and the defendant appealed. The facts are fully stated by BiSSELL, J. Sometime in 1888 Andrew Whitehead filed a complaint before Sales, a justice of the peace in Arapahoe county, charging Alvin.L. Jessup with the crime of obtaining money by false pretenses. Jessup was arrested on a warrant issued under the complaint, examined and discharged. This action was brought .by him against…
1Opinion of the Court
Bissell, J.,
delivered the' opinion of the court.
No discussion of the law controlling actions for malicious prosecution can prove profitable. It has been settled by a *79long series of adjudications which will furnish precedents for all possible phases of such controversies. It is enough to announce the lines within which this judgment must fall. The concurrence of malice and want of probable cause is essential to the right of action. Both are the proper subjects of proof, and neither are matters of presumption, save that where there is suitable and sufficient evidence of a want of probable…
2Cases cited2 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Brown v. WilloughbySupreme Court of Colorado · 1879
3Cited by6 opinions
- Van Meter v. BassSupreme Court of Colorado · 1907
- Brooks v. BradfordColorado Court of Appeals · 1894
- Whitehead v. JessupColorado Court of Appeals · 1896
- Wyatt v. BurdetteSupreme Court of Colorado · 1908
- Brooks v. BradfordColorado Court of Appeals · 1894
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