Twist v. Mullinix
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; J. F. Gautney, Judge; STATEMENT BY,THE COURT. J. W. Mullinix, who, at that time lived in Mississippi, was employed by Ira F. Twist to manage his plantation in Arkansas. After a few months Twist became dissatisfied with Mullinix as manager, claiming that he was incompetent, and discharged him.
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Appeal from Crittenden Circuit Court; J. F. Gautney, Judge; STATEMENT BY,THE COURT. J. W. Mullinix, who, at that time lived in Mississippi, was employed by Ira F. Twist to manage his plantation in Arkansas. After a few months Twist became dissatisfied with Mullinix as manager, claiming that he was incompetent, and discharged him. Mullinix, after his discharge, returned to Mississippi, leaving his family and household effects temporarily in a house that he occupied at Earle, Arkansas. Twist claimed that upon investigation he ascertained that Mullinix had misappropriated and converted to his…
1Opinion of the CourtWood, J.
(after stating the facts). (1) Before appellee could maintain his action for malicious prosecution it was necessary for him to show that the original proceeding instituted against him had been legally terminated. “It is a sufficient termination of the original proceeding to serve as a basis for an action for malicious prosecution that plaintiff was discharged, or the original proceeding was dismissed at a preliminary hearing, or before trial, as upon an abandonment of the proceedings.” 26 Cyc. 55 et seq. 59.
(2-3) Appellant, while conceding that an abandonment of the original proceedings by…
2Cases cited14 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Cumberland Telephone & Telegraph Co. v. SmithwickTennessee Supreme Court · 1903
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- City of Tacoma v. Tacoma Light & Water Co.Washington Supreme Court · 1897
- Central of Georgia Railway Co. v. HardenSupreme Court of Georgia · 1901
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3Cited by37 opinions
- Fulbright v. PhippsSupreme Court of Arkansas · 1928
- Mueller v. CoffmanSupreme Court of Arkansas · 1918
- Mo. Pac. Rd. Co., Baldwin, Trustees v. BrewerSupreme Court of Arkansas · 1937
- Bockman v. World InsuranceSupreme Court of Arkansas · 1954
- Bowman v. GabelSupreme Court of Arkansas · 1967
32 more not listed; retrieve them via the Exa API.