Merrell v. Dudley.
Supreme Court of North Carolina
Action for malicious prosecution by C. A. Merrell, by bis next friend, against Thomas Dudley, heard by Judge J. L> Webb and a jury, at the Spring Term, 1905, of the Superior Court of Cabtebet County. Erom a judgment for the defendant, the plaintiff appealed.
1Opinion of the CourtBbowN, J.
The evidence tends to prove that the defendant lost a shovel and after looking for it for several days he was informed the shovel was in the possession of the plaintiff. He went to the plaintiff and asked him to bring the shovel back. The plaintiff used insulting language to the defendant and did not return the shovel. The defendant then went to Magistrate Springle and asked him what to do. After some preliminaries, the magistrate advised the defendant to take out a warrant. At the time the defendant applied to the magistrate to know what to do, he stated that he had found the shovel in the…
2Cases cited4 opinions
- Sossamon v. Cruse.Supreme Court of North Carolina · 1903
- Kelly v. . Traction Co.Supreme Court of North Carolina · 1903
- State v. . BarrettSupreme Court of North Carolina · 1898
- Wilkie v. Raleigh & C. F. RailroadSupreme Court of North Carolina · 1900
3Cited by21 opinions
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- S. v. . BlackwellSupreme Court of North Carolina · 1913
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- State v. BlackwellSupreme Court of North Carolina · 1913
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