Steadman v. Keets
Michigan Supreme Court
Case made from Newaygo; Palmer, J. Case by Charles Steadman against Edward Keets for malicious prosecution. There was a judgment for defendant, and plaintiff assigns error. This is an action for malicious prosecution.
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Case made from Newaygo; Palmer, J. Case by Charles Steadman against Edward Keets for malicious prosecution. There was a judgment for defendant, and plaintiff assigns error. This is an action for malicious prosecution. The declaration alleged that plaintiff was arrested upon a capias issued in a suit commenced by the defendant and one Loveless, charging him (plaintiff) with trespass upon certain lands owned by defendant and Loveless, and with cutting and removing certain cedar and pine timber therefrom, of the value of $215; that the affidavit for capias was made by defendant, and charged him…
1Opinion of the CourtG-eant, J.
(after stating the facts). 1. The defendant was permitted to testify that he told his attorney all the essential facts, and that the suit was brought and affidavit made upon the advice of his attorney that the facts stated were sufficient to justify the affidavit and arrest upon a capias. This was objected to because no notice was given, with the plea, of the defense of probable cause. Counsel cites and relies upon White v. McQueen, 96 Mich. 249, 253 (55 N. W. 843). In that case the plaintiff was arrested without a warrant and incarcerated. The following day, complaint was made against him…
2Cases cited1 opinion
- White v. McQueenMichigan Supreme Court · 1893
3Cited by1 opinion
- Powers & Co. v. American Society of Tool EngineersMichigan Supreme Court · 1956