Crabtree v. Horton
Supreme Court of Virginia
In an action on the ca.se for a malicious prosecution for theft of a mare, the defendant pleaded, “ that he was well justified, and had sufficient grounds of suspicion, because the plaintiff took and led away the mare, mentioned in the plaintiff's declaration, from the defendant’s plantation, in the absence of the defendant, and concealed her, the said mare, and this he was ready to verify.”
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In an action on the ca.se for a malicious prosecution for theft of a mare, the defendant pleaded, “ that he was well justified, and had sufficient grounds of suspicion, because the plaintiff took and led away the mare, mentioned in the plaintiff's declaration, from the defendant’s plantation, in the absence of the defendant, and concealed her, the said mare, and this he was ready to verify.” Issue was joined; and, a jury being impanelled, the whole of the evidence on both sides was stated in a bill of exceptions ; the counsel for the defendant having “moved the court, that the question of…
1Opinion of the Court
The president pronounced the opinion of this court, that the court below invaded the province of the jury, in relation to the weight of the testimony, and the credibility of the witnesses, in having decided that, in this case, probable cause was proved to exist, at the time the appellee commenced the prosecution in the declaration mentioned, without having the facts, on which such question depended, agreed by the pleadings, or submitted to, the court by the parties or the jury.
Judgment reversed, and new trial awarded,
2Cited by14 opinions
- Masten v. DeyoNew York Supreme Court · 1829
- Miller v. BrownSupreme Court of Missouri · 1832
- Burlingame v. BurlingameNew York Supreme Court · 1828
- Stone v. CrockerMassachusetts Supreme Judicial Court · 1832
- Womack v. CircleSupreme Court of Virginia · 1877
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