Witham v. Gowen
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The plaintiff read to the jury the copy of a record, from which it appeared, that the plaintiff was convicted before a Justice of the - Peace on a complaint made by the defendant against him, but that on an appeal to the Court of Common Pleas, he was acquitted.
Read the full summary
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The plaintiff read to the jury the copy of a record, from which it appeared, that the plaintiff was convicted before a Justice of the - Peace on a complaint made by the defendant against him, but that on an appeal to the Court of Common Pleas, he was acquitted. The plaintiff proposed to offer further evidence to support his action, but the Judge ruled, that the conviction before the Justice was conclusive proof of probable cause, unless the plaintiff could prove, that the conviction before the Justice was obtained exclusively…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was drawn up by
Emert J.
The plaintiff having proposed to offer further evidence to support his action, which was for malicious prosecution, the Judge ruled, that the conviction before the Justice, the record whereof was produced by the plaintiff, was conclusive proof of probable cause, unless the plaintiff could prove that the conviction before the Justice was obtained exclusively or mainly upon the testimony of the defendant, and that such testimony was false. But the plaintiff did not propose to offer any such evidence, whereupon…
2Cited by11 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Heck v. HumphreySupreme Court of the United States · 1994
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Hanser v. BieberSupreme Court of Missouri · 1917
- Short & Co. v. Spragins, Buck & Co.Supreme Court of Georgia · 1898
6 more not listed; retrieve them via the Exa API.