Schippel v. Norton
Supreme Court of Kansas
Error from Saline District Court. Action by Norton against Schippel, to recover damages for malicious prosecution. Trial at the December Term, 1885, and judgment for plaintiff for $1 as exemplary damages, and costs amounting to |545.10. The defendant brings the case here. The facts sufficiently appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought in the district court of Saline county, by Wright Norton against Gotthardt Schippel, for an alleged malicious prosecution. The foundation for this action is the same as WagstafPs in the case of Wagstaff v. Schippel, 27 Kas. 450. The facts of the case, briefly stated, are as follows: On or about December 27,1879, Norton, Wagstaff, and another, through a mistake of boundary lines, went upon the land of Schippel and cut down and carried away one or more trees standing and growing thereon. *568Immediately thereafter,…
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