Heldt v. Webster
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. B. T. Estes. B. B. Webster, by his father as next friend, brought this action against M. Heldt for malicious prosecution, among other things alleging that, in connection with William Braxton and Jeff Benjamin, he-was charged by appellant with fraudulently and wrongfully appropriating with Heldt’s consent eight hundred pounds of cotton seed of the value of $24, the property of Heldt.
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Appeal from Cass. Tried below before the Hon. B. T. Estes. B. B. Webster, by his father as next friend, brought this action against M. Heldt for malicious prosecution, among other things alleging that, in connection with William Braxton and Jeff Benjamin, he-was charged by appellant with fraudulently and wrongfully appropriating with Heldt’s consent eight hundred pounds of cotton seed of the value of $24, the property of Heldt. Upon the examination before the justice all the parties accused were discharged. Webster alleged loss of reputation and character by reason of this act of Heldt, and…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought by the appellee by next friend to recover damages for malicious prosecution. It appears that the appellant had instituted and prosecuted to hearing before a justice of the peace a complaint in effect charging the appellee and others with the theft of cotton. Upon that hearing the appellee and the others with whom he stood charged were discharged.
Upon the trial of this cause the jury were instructed: “If the plaintiff was discharged from the prosecution by the' examining magistrate who examined the case, then the presumption of law is that…
2Cited by26 opinions
- Bekkeland v. LyonsTexas Supreme Court · 1903
- Noblett v. BartschWashington Supreme Court · 1903
- Davis v. McMillanMichigan Supreme Court · 1905
- Brady v. StiltnerWest Virginia Supreme Court · 1895
- Helwig v. BecknerIndiana Supreme Court · 1897
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