Simmons v. Sullivan
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on direction of a verdict for the defendant in an action to recover damages for malicious prosecution. The Court in the opinion stated the facts as follows: Appellant, Leo Simmons, plaintiff below, brought this action in the supreme court of the District of Columbia to recover damages from appellee, J. F. Sullivan, defendant, for a malicious prosecution.
Read the full summary
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on direction of a verdict for the defendant in an action to recover damages for malicious prosecution. The Court in the opinion stated the facts as follows: Appellant, Leo Simmons, plaintiff below, brought this action in the supreme court of the District of Columbia to recover damages from appellee, J. F. Sullivan, defendant, for a malicious prosecution. It appears that on April 4, 1911, defendant, a policeman, swore to a complaint, filed by the corporation counsel in the police court of the…
1Opinion of the Court
'Mr. Justice Van Orsdel
delivered the opinion of the Court:
The single question before us is whether the criminal prosecution which is the basis of this action was terminated when the present suit was commenced. No warrant was issued on the second information. Plaintiff had been brought into court on the warrant issued in the case originally, and, upon being released for further appearance and notified of the filing of the second information, no warrant was subsequently necessary to insure his appearance unless he violated the terms of his release. The new information was filed to correct…
2Cases cited3 opinions
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Schippel v. NortonSupreme Court of Kansas · 1888
3Cited by2 opinions
- Melvin v. PenceCourt of Appeals for the D.C. Circuit · 1942
- Horne v. OstmannDistrict of Columbia Court of Appeals · 1943