Legal Opinion

Bryant v. Kuntz

Superior Court of Pennsylvania

Decided December 15, 1902No. Appeal, No. 145PublishedCited by 15 opinions

Appeal, No. 145, April T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 424, on verdict for plaintiff in case of James B. Bryant v. P. L. Kuntz and the Allegheny County Association for the Prevention of Cruelty to Children, Aged Persons and Animals. Trespass for malicious prosecution. Before Brown, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $125. Defendant appealed.

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Appeal, No. 145, April T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 424, on verdict for plaintiff in case of James B. Bryant v. P. L. Kuntz and the Allegheny County Association for the Prevention of Cruelty to Children, Aged Persons and Animals. Trespass for malicious prosecution. Before Brown, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $125. Defendant appealed. Errors assigned were instructions quoted in the opinion of the Superior Court.

1Opinion of the Court

Opinion by

Oready, J.,

The plaintiff recovered a verdict in this action for damages for an alleged malicious prosecution, and the appeal is brought by P. L. Kuntz, the record having ‘been amended by discontinuing as to the other defendant. P. L. Kuntz was the salaried agent of his codefendant society, and, as such, made an information against the plaintiff, charging him with cruelty to animals, but, after several continuances before the magistrate, the case was abandoned and the plaintiff discharged. On the trial of this action the defendant submitted as a point: “ 5. Defendant having shown…

2Cases cited5 opinions

  1. McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
  2. Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
  3. Mead v. ConroeSupreme Court of Pennsylvania · 1886
  4. Beihofer v. LoeffertSupreme Court of Pennsylvania · 1893
  5. Winlack v. GeistSupreme Court of Pennsylvania · 1884

3Cited by15 opinions

  1. Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
  2. Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
  3. Roessing v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
  4. Van Sant v. American Exp. Co.Court of Appeals for the Third Circuit · 1946
  5. Jones v. MacConochieSuperior Court of Pennsylvania · 1947

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