Sexton v. Brock
Supreme Court of Arkansas
Appeal from Drew Cvrcmb Court. Hon. SbeltoN Watsoet, Circuit Judge, presiding. contended that tlie evidence clearly shows, that the damages are grossly excessive; that the verdict must have resulted from mere prejudice, or other improper motive; and that Sexton had probable cause for causing tlie arrest. {De JBawi vs. Beebe, 3 JEhiq. 510.) That the mere judgment offered as evidence was, of itself, inadmissible; the whole record should have been produced, (28tcvrTc. 371,…
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Appeal from Drew Cvrcmb Court. Hon. SbeltoN Watsoet, Circuit Judge, presiding. contended that tlie evidence clearly shows, that the damages are grossly excessive; that the verdict must have resulted from mere prejudice, or other improper motive; and that Sexton had probable cause for causing tlie arrest. {De JBawi vs. Beebe, 3 JEhiq. 510.) That the mere judgment offered as evidence was, of itself, inadmissible; the whole record should have been produced, (28tcvrTc. 371, 291,) and no parol evidence could be given of the existence of a judgment; that a party, who has taken depositions in a…
1Opinion of the CourtChief Justice WatKINS
This was an action on the case for malicious prosecution, commenced by Brock against Sexton, in the Desha Circuit Court, where the plaintiff obtained a verdict for five thousand dollars; and, a new trial being granted, the venue was changed, on the application of defendant, to the county of Drew, where the plaintiff again had a verdict and judgment for the same amount; and the defendant prosecutes this appeal upon exceptions to the decision of the court below, overruling his motion for new trial. The declaration contains several counts, and it is argued, for the appellant, that some of them…
2Cases cited6 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Yeaton v. FrySupreme Court of the United States · 1809
- Gordon & Walker v. LittleSupreme Court of Pennsylvania · 1822
- Rogers v. BarnettCourt of Appeals of Kentucky · 1817
- Hallett v. O'BrienSupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fordyce v. NixSupreme Court of Arkansas · 1893
- Foster v. PittsSupreme Court of Arkansas · 1897
- Business Men's Accident Ass'n of America v. CowdenSupreme Court of Arkansas · 1917
- Vinson v. FlynnSupreme Court of Arkansas · 1897
- Maryland Casualty Co. v. ChewSupreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.