Farrell v. Phillips
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto county: S. D. Hastotgs, Circuit Judge. ■ Phillips commenced a criminal prosecution against Farrell for the larceny of a promissory note, and, the prosecution being dismissed by the examining magistrate, Farrell brought this action for malicious prosecution. Phillips's defenses were that the plaintiff actually committed the larceny and that he (Phillips) acted on the advice of counsel. Most of the facts were undisputed.
Read the full summary
Appeal from a judgment of the circuit court for Oconto county: S. D. Hastotgs, Circuit Judge. ■ Phillips commenced a criminal prosecution against Farrell for the larceny of a promissory note, and, the prosecution being dismissed by the examining magistrate, Farrell brought this action for malicious prosecution. Phillips's defenses were that the plaintiff actually committed the larceny and that he (Phillips) acted on the advice of counsel. Most of the facts were undisputed. The defendant, Phillips, in April, 1908, owned a building in the city of Oconto which he desired to rent for saloon…
1Opinion of the CourtWiNsnow, C. J.
In order to sustain an action for malicious prosecution it must appear: (1) That the defendant commenced a prosecution; (2) that it has terminated in the-plaintiff’s discharge; (3) that it was commenced maliciously and (4) without probable cause. In this case the first two-facts were admitted, and the contest was as to the third and fourth propositions. By their verdict the jury found malice, but did not find lack of probable cause, so the verdict on its-face seems to omit an essential fact.
It appears that the trial judge considered that when the-*615jury, by its second finding, found that the…
2Cases cited2 opinions
- State v. NergaardWisconsin Supreme Court · 1905
- State v. BondSupreme Court of Iowa · 1859
3Cited by9 opinions
- Mevorah v. GoodmanNorth Dakota Supreme Court · 1953
- State Ex Rel. Jenkins v. FayneWisconsin Supreme Court · 1964
- Case v. BeyerWisconsin Supreme Court · 1910
- State v. CarpenterCourt of Appeals of Wisconsin · 1993
- Share Corp. v. Pro-Specialties, Inc.Court of Appeals of Wisconsin · 1982
4 more not listed; retrieve them via the Exa API.