Smith v. Davis
Montana Supreme Court
Appeal from First District, Jefferson County. The cause was tried before Blake, J. The court below erred in not striking from complaint irrelevant matter calculated to excite prejudice of the jury, and such portions as contained law, argument, hypothesis and evidence, as distinguished from fact.
Read the full summary
Appeal from First District, Jefferson County. The cause was tried before Blake, J. The court below erred in not striking from complaint irrelevant matter calculated to excite prejudice of the jury, and such portions as contained law, argument, hypothesis and evidence, as distinguished from fact. Green v. Palmer, 15 Cal. 414; Coryell v. Cain, 16 id. 567; Willson v. Clea/veland, SO id. 200. The court below erred further in striking out portions of answer setting up special defense as bar. This was necessary to be plead specially to admit evidence thereof. 2 Estee5s PL 672-3, §§ 66-68. The…
1Opinion of the CourtWade, C. J.
This is an action for malicious prosecution. The complaint contains the proper averments of malice and want of reasonable or probable cause, the arrest and imprisonment of the plain tiff at the instance of the defendant, and the discharge of the plaintiff upon a trial before the magistrate.
■ The first defense is a general denial, and as a separate and distinct defense, the answer alleges that previous to making the affidavit that caused the plaintiff’s arrest, the defendant stated the facts as he had been informed, and verily believed them to exist, to .one G. F. Cowan, Esq., acting attorney…
2Cases cited2 opinions
- Hall v. SuydamNew York Supreme Court · 1849
- Bliss v. WymanCalifornia Supreme Court · 1857
3Cited by5 opinions
- Stephens v. ConleyMontana Supreme Court · 1914
- Fauver v. WilkoskeMontana Supreme Court · 1949
- Porter v. Industrial Printing Co.Montana Supreme Court · 1901
- Grant v. WilliamsMontana Supreme Court · 1918
- Gerbig v. GerbigNevada Supreme Court · 1942