Threefoot v. Nuckols
Mississippi Supreme Court
From the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. Suit for damages for malicious prosecution. Appellee, Nuckols, was a travelling salesman in the employ of A. Threefoot, Sons & Co., wholesale merchants in Meridian, Miss. He was also authorized to collect for goods sold, and usually made remittances of moneys on hand, whenever he reached places from which this could conveniently be done.
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From the circuit court of Lauderdale county. HoN. S. H. Terral, Judge. Suit for damages for malicious prosecution. Appellee, Nuckols, was a travelling salesman in the employ of A. Threefoot, Sons & Co., wholesale merchants in Meridian, Miss. He was also authorized to collect for goods sold, and usually made remittances of moneys on hand, whenever he reached places from which this could conveniently be done. On one of his trips he visited several towns on and near the New Orleans and Northeastern Railroad, and collected about four hundred dollars. Carrying this sum on his person, he came from…
1Opinion of the CourtWoods, C. J.
The seventh instruction given by the court below for the plaintiff —appellee—is in these words: “ The court instructs the jury for the plaintiff, that in determining the question whether the prosecution of the plaintiff by defendant was malicious and without *122probable cause, they should only consider the facts and circumstances tending to show that the prosecution was justifiable, which were in the knowledge of defendant at the time the arrest was made,” and the action of the court in giving this instruction is assigned for error.
It is to be noticed that the charge is not confined to the…
2Cited by8 opinions
- Freezer v. MillerSupreme Court of Virginia · 1934
- State Life Ins. Co. of Ind. v. HardyMississippi Supreme Court · 1940
- Whipple v. GorsuchSupreme Court of Arkansas · 1907
- Nettleton v. CookIdaho Supreme Court · 1917
- Mack v. SharpMichigan Supreme Court · 1904
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