Wakely v. Johnson
Michigan Supreme Court
Error to Kent; Adsit, J. Case by Hudson J. Wakely against Ernest W. Johnson for malicious prosecution. From a judgment for plaintiff, defendant brings error. Plaintiff recovered verdict and judgment in an action for malicious prosecution. He was arrested upon a criminal warrant issued under a complaint made by the defendant charging him with obtaining money by false pretenses.
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Error to Kent; Adsit, J. Case by Hudson J. Wakely against Ernest W. Johnson for malicious prosecution. From a judgment for plaintiff, defendant brings error. Plaintiff recovered verdict and judgment in an action for malicious prosecution. He was arrested upon a criminal warrant issued under a complaint made by the defendant charging him with obtaining money by false pretenses. The undisputed facts appear to be that plaintiff, in January, 1894, borrowed sof defendant $35, for which he gave his promissory note. In April following he applied to defendant to borrow more money, and represented…
1Opinion of the CourtGrant, J.
(after stating the facts). Under this record there is no evidence to sustain the verdict. The defendant had done all that the law required him to do by placing all the material facts in the possession of his own and the prosecuting attorney, and acting upon their advice. Perry v. Sulier, 92 Mich. 72; White v. McQueen, 96 Mich. 249. But his counsel did not request the court to direct a verdict, and therefore the judgment cannot, for that reason, be reversed. Certain prejudicial errors were, however, committed.
1. The court stated to the jury that the plaintiff had been acquitted of the criminal…
2Cases cited2 opinions
- Perry v. SulierMichigan Supreme Court · 1892
- White v. McQueenMichigan Supreme Court · 1893
3Cited by12 opinions
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- Davis v. McMillanMichigan Supreme Court · 1905
- Weiden v. WeidenMichigan Supreme Court · 1929
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