Braathen v. Weller
South Dakota Supreme Court
Appeal from circuit court, 'Davison County. Hon. Frank B. Smith, Judge. Action by Borgiiild Braathen, ag'ainst Frank Weller,- to recover damages for malicious prosecution. From! a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from circuit court, 'Davison County. Hon. Frank B. Smith, Judge. Action by Borgiiild Braathen, ag'ainst Frank Weller,- to recover damages for malicious prosecution. From! a judgment for plaintiff, and from an order denying a new trial, defendant appeals. (4) To point four of the opinion, Appellant cited: Jackson v. Bell, 5 S. D; 257; Vander 'Linden v. O'ster, 37 S. D. IT3; Krause v. Bishop, 18) S. D. 298; 18 L. R. A. ('N. S.) 49, and notes; 39 L. R. A,. (N. S.), 207 and notes.
1Opinion of the CourtMc'COY, J.
In this action for malicious prosecution there was verdict and judgment in favor of plaintiff, from1 which judgment defendant appeals.
[1] The principal contention of appellant is that the evidence was insufficient to sustain the verdict. It appears from the record that appellant caused the arrest of respondent on a criminal charge based on the provisions of section 3952, 'Code 1919, providing that every person guilty of -using or procuring, encouraging or assisting, another to use, any force or violence in entering upon or detaining any land or other possession of another, except in the cases…
2Cases cited3 opinions
- Malloy v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1914
- Larsen v. JohnsonSouth Dakota Supreme Court · 1920
- Pierce v. LyonsSouth Dakota Supreme Court · 1920
3Cited by4 opinions
- Bucher v. StaleySouth Dakota Supreme Court · 1980
- Huntley v. HarbertsSouth Dakota Supreme Court · 1978
- Bucher v. StaleySouth Dakota Supreme Court · 1980
- Huntley v. HarbertsSouth Dakota Supreme Court · 1978