Swensgaard v. Davis
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Lyon county, Webber, J., presiding, granting a new trial. The case is stated in the opinion. cited Cooley on Torts, 186; 2 Addison on Torts, 742; 2 Greenl. Ev. § 452; Graves v. Dawson, 39 Am. Bep. 429; Thompson v.Lumley, 50 How. Pr. 105; Laird v. Taylor, 66 Barb. 139; Pratt v. Page, 18 Wis. 337; Morrow v. Wood, 35 Wis. 59; Winn v. Peckham, 42 Wis. 493.
1Opinion of the Court
Dickinson, J.1
This is an action to recover damages for a malicious criminal prosecution of the plaintiff before a justice of the peace upon complaint of this defendant. . The criminal proceeding was never brought to trial, the justice of the peace having failed to attend at the time set for trial. Subsequently, the complainant failing to appear and prosecute after notice to do so, the justice formally discharged the accused. Upon the trial of this action, the above facts appearing, the court nonsuited the plaintiff, upon motion of the. defendant, for the reason that the plaintiff had not been…
2Cases cited5 opinions
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Stanton v. HartMichigan Supreme Court · 1873
- Fay v. . O'NeillNew York Court of Appeals · 1867
- Pixley v. ReedSupreme Court of Minnesota · 1879
- Buckland v. GreenMassachusetts Supreme Judicial Court · 1882
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- Linder v. FosterSupreme Court of Minnesota · 1940
- Reit v. MeyerAppellate Division of the Supreme Court of the State of New York · 1914
- Rossiter v. Minnesota Bradner-Smith Paper Co.Supreme Court of Minnesota · 1887
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