Marbourg v. Smith
Supreme Court of Kansas
Error from Atchison District Court. This was an action for malicious prosecution, brought by Smith against Marbourg and Lea. M. and L. as partners, had at a prior time sued Smith for slander, and the record shows the case to have been dismissed. The record or order of dismissal is copied in the opinion, infra. For the bringing of that action Smith brought this suit against them for malicious prosecution.
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Error from Atchison District Court. This was an action for malicious prosecution, brought by Smith against Marbourg and Lea. M. and L. as partners, had at a prior time sued Smith for slander, and the record shows the case to have been dismissed. The record or order of dismissal is copied in the opinion, infra. For the bringing of that action Smith brought this suit against them for malicious prosecution. The case was tried at the November Term 1872, and Smith recovered judgment for $75 and costs. To reverse that judgment Marbou/rg & Lea bring the case here on error. 1. The record shows that…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for malicious prosecution, brought by Charles J. Smith against W. W. Marbourg and James H. Lea. The plaintiff Smith recovered a judgment for $75 and costs, and the defendants now seek a reversal thereof by this petition in error. Marbourg and Lea .assign for error, 1st, The admission of the evidence of C. J. .Smith; 2d, The refusal of the defendants’ instructions numbered 1 and 7; 3d, The giving of a certain instruction; 4th, *560The overruling of the defendants’ motion for a new trial.
I. The evidence of C. J. Smith…
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