Schenck v. Butsch
Indiana Supreme Court
APPEAL from the Spencer Circuit Court. This was an action for a malicious prosecution, brought by Butsch against Schenck in the Vanderburgh Circuit Court, and taken by change of venue to the Spencer Circuit Court.
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APPEAL from the Spencer Circuit Court. This was an action for a malicious prosecution, brought by Butsch against Schenck in the Vanderburgh Circuit Court, and taken by change of venue to the Spencer Circuit Court. The complaint alleges, in substance, that on the 14th of January, 1867, Schenck appeared before a justice of the peace of Vanderburgh county, and maliciously and without any reasonable or probable cause, made an affidavit charging Butsch with the crime of forgery; that he thereupon caused a warrant to be issued by said justice, upon which Butsch was arrested and imprisoned, and,…
1Opinion of the CourtElliott, J.
Numerous objections are urged to the proceedings in the circuit court, which will be examined in the order in which they are presented by the appellant’s counsel.
The first is' the refusal of the court to require the appellee to “ paragraph his complaint.” The motion was very properly overruled, for the reason that the complaint contained but one paragraph, and presented but a single cause of action.
The alleged malicious prosecution commenced with filing the affidavit before the justice, charging the appellee with forgery, and terminated with his final acquittal on trial in the circuit court.
Ov…
2Cases cited1 opinion
- Ammerman v. CrosbyIndiana Supreme Court · 1866
3Cited by6 opinions
- Cole v. CurtisSupreme Court of Minnesota · 1870
- Metropolitan Life Insurance v. LyonsIndiana Court of Appeals · 1912
- Rhodes v. GreenIndiana Supreme Court · 1871
- Taylor v. BurkIndiana Supreme Court · 1883
- Indiana Improvement Co. v. WagnerIndiana Supreme Court · 1894
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