Morrow v. Wood
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action to recover damages for the alleged malicious prosecution of the plaintiff on complaint of the defendant, in a criminal action for assault and battery commenced before a justice of the peace. The facts proved on the trial, and some of the instructions given the jury, appear in the opinion.
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APPEAL from the Circuit Court for Grant County. Action to recover damages for the alleged malicious prosecution of the plaintiff on complaint of the defendant, in a criminal action for assault and battery commenced before a justice of the peace. The facts proved on the trial, and some of the instructions given the jury, appear in the opinion. The court also instructed the jury that the command given by the defendant to his son, not to study geography, “did not annul or abridge the right of the teacher to control that matter; ” that under the circumstances, as proven, she (the plaintiff) had a…
1Opinion of the CourtCole, J.
It is first claimed by the counsel for the defendant, that the court below should have granted the motion *62for a nonsuit because all the evidence showed that the criminal prosecution against the plaintiff for an alleged assault and battery committed by her upon the infant son of the defendant was never tried upon the merits, but was discontinued on her motion and against the consent of the complainant in that action. It is insisted that before an action for malicious prosecution can be maintained, it must appear that the criminal prosecution has been determined in favor of the party…
2Cited by14 opinions
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- Ingraham v. WrightSupreme Court of the United States · 1977
- School Dist. No. 18, Garvin Co. v. ThompsonSupreme Court of Oklahoma · 1909
- Board of Education v. PurseSupreme Court of Georgia · 1897
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