Lynam v. McMillan
Nebraska Supreme Court
Error from Saunders county district court. It was-, an action brought by McMillan against Lynam and Miley, for malicious prosecution, in causing said McMillan to be arrested upon a warrant issued by a justice of the peace, charging him with the crime of burglary. There was a trial by a jury1 and verdict in McMillan’s favor for $275. Motion for a new trial overruled. Exceptions. Cause brought up upon petition in error. Further' facts appear in the opinion.
1Opinion of the CourtLake, J.
The purport of the first two errors is that the verdict was not warranted by the evidence and the law of the cáse. From a very careful examination of the record, however, I am entirely satisfied that the conclusion reached by the jury was right and should be upheld.
By the testimony of the plaintiffs themselves, especially that given by Lynam, it is evident that they had no reason to, nor did they believe that, in forcing his way into the store-room, McMillan had any criminal design. Indeed, when what he did in this regard is taken together with all the attendant circumstances, with the manner…
2Cases cited11 opinions
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- Rogers v. RogersIndiana Supreme Court · 1874
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3Cited by6 opinions
- Hiatt v. KinkaidNebraska Supreme Court · 1894
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