Martin v. Corscadden
Montana Supreme Court
Appeal from District Court, Ravalli County; F. C. Webster, Judge. Action by Elisba B. Martin against George Corseadden. From a judgment for plaintiff and an order denying defendant’s motion for a new trial, be appeals. The only legitimate object of reading a criminal docket in evidence is to prove the termination of the prosecution in favor of the accused, and when that much of it is read the reading must end. It is not even evidence of lack of probable cause.
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Appeal from District Court, Ravalli County; F. C. Webster, Judge. Action by Elisba B. Martin against George Corseadden. From a judgment for plaintiff and an order denying defendant’s motion for a new trial, be appeals. The only legitimate object of reading a criminal docket in evidence is to prove the termination of the prosecution in favor of the accused, and when that much of it is read the reading must end. It is not even evidence of lack of probable cause. (Stewart v. Sonneborn, 98 U. S. 187, 25 L. Ed. 116; Apgar v. Woolston, 43 N. J. L. 57; Helwig v. Beckner, 149 Ind. 131, 46 N. E. 644,…
1Opinion of the CourtChief Justice Brantly
Action for malicious prosecution. The plaintiff had verdict for $550. Judgment was entered in his favor for this amount and costs of suit, taxed at $102.60. The defendant has appealed from the judgment and an order denying him a new trial. He seeks a reversal of the judgment and order on the grounds: (1) That the evidence is insufficient to sustain the *316verdict; (2) that errors of law occurred during the trial prejudicial to him; (3) that the damages awarded by the jury are excessive, being given under the influence of passion and prejudice; and (4) that the court abused its discretion in…
2Cases cited17 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Barron v. MasonSupreme Court of Vermont · 1858
- Scheuer v. StateMontana Supreme Court · 1904
- McIntire v. LeveringMassachusetts Supreme Judicial Court · 1889
- Savannah, Florida & Western Railway Co. v. HollandSupreme Court of Georgia · 1889
12 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State v. SouhradaMontana Supreme Court · 1949
- Frederick v. HaleMontana Supreme Court · 1910
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
- Fauver v. WilkoskeMontana Supreme Court · 1949
- Cohen v. ClarkMontana Supreme Court · 1911
33 more not listed; retrieve them via the Exa API.