Sappington v. Fairfax
Court of Appeals of Maryland
Appeal from the Circuit Court for Frederick County (Worthington and Peter, JJ.). 'Defendant’s second prayer was as follows: “The defendant prays the Court to instruct the jury that it is further necessary for the plaintiff to prove that the defendant acted with malice; and if the jury find that the defendant did not act maliciously in the premises, but all that he did, tending towards the arrest and prosecution of the plaintiff, was done under the advice and direction of the…
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Appeal from the Circuit Court for Frederick County (Worthington and Peter, JJ.). 'Defendant’s second prayer was as follows: “The defendant prays the Court to instruct the jury that it is further necessary for the plaintiff to prove that the defendant acted with malice; and if the jury find that the defendant did not act maliciously in the premises, but all that he did, tending towards the arrest and prosecution of the plaintiff, was done under the advice and direction of the State’s Attorney for Frederick County, and without malice on his part, then their verdict must be for pthe defendant.…
1Opinion of the CourtBoyd, C. J.
The appellee sued the appellant for malicious prosecution, and the trial resulted in a verdict for the plaintiff (appellee) for $800. From a judgment entered thereon this appeal'was taken. The defendant procured a warrant for the plaintiff from a justice of the peace of Frederick County charging her with the larceny of a gold watch and some other jewelry. She was arrested and taken before another justice of the peace, who required her to give bond for her appearance before the justice who issued the warrant. She gave bail and appeared at police headquarters in Frederick to answer said charge,…
2Cases cited16 opinions
- Sloan v. EdwardsCourt of Appeals of Maryland · 1883
- Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
- Carp v. Queen InsuranceSupreme Court of Missouri · 1907
- Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
- Woodworth v. MillsWisconsin Supreme Court · 1884
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3Cited by13 opinions
- State v. CoxCourt of Appeals of Maryland · 1983
- Palmer Ford, Inc. v. WoodCourt of Appeals of Maryland · 1984
- Tully v. DasherCourt of Appeals of Maryland · 1968
- Nance v. GallCourt of Appeals of Maryland · 1946
- Cox v. StateCourt of Special Appeals of Maryland · 1982
8 more not listed; retrieve them via the Exa API.