Kolka v. Jones
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. Action by Jacob Kolka against Andy Jones. Judgment for plaintiff, and defendant appeals. No action will lie for the prosecution of a civil action with malice and without probable cause when there has been no arrest or seizure of the property of the defendant, and no special injury sustained. Potts v. Imlay, 4 N. J. L. 377, 7 Am. Dec. 603; Meyers v. Waller, 64 Pa.
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Appeal from District Court, Walsh County; Sauter, J. Action by Jacob Kolka against Andy Jones. Judgment for plaintiff, and defendant appeals. No action will lie for the prosecution of a civil action with malice and without probable cause when there has been no arrest or seizure of the property of the defendant, and no special injury sustained. Potts v. Imlay, 4 N. J. L. 377, 7 Am. Dec. 603; Meyers v. Waller, 64 Pa. St. 289; Kramer v. Stack, 10 Watts, 115; Eberly v. Rupp, 90 Pa. St. 259; MacNamee v. Minke, 49 Md. 122; Wetmore v. Mellinger, 18 N. W. Rep. 870; Mitchell v. Ry. Co., 75 Ga. 398;…
1Opinion of the CourtCorliss, C. J.
The plaintiff has recovered judgment against the defendant in an action for malicious prosecution of a civil suit. At the threshold of the case we are met with the contention that for the malicious institution and prosecution of a civil action without probable cause there is no remedy, unless the person of the defendant in such action has been arrested or his property seized therein, or unless there exists special circumstances removing the case from the category to which belong ordinary civil actions. On this very interesting question we find the decisions in hopeless conflict. In this…
2Cases cited67 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Landa v. ObertTexas Supreme Court · 1876
- Ball v. RawlesCalifornia Supreme Court · 1892
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- Asevado v. OrrCalifornia Supreme Court · 1893
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3Cited by74 opinions
- Ritter v. RitterIllinois Supreme Court · 1943
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Bickel v. MacKieDistrict Court, N.D. Iowa · 1978
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Aranson v. SchroederSupreme Court of New Hampshire · 1995
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