Dare v. Harper
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. This suit was brought by J. P. Harper against J. W. Dare for an alleged malicious prosecution of him before a justice of the peace of Pope County.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. This suit was brought by J. P. Harper against J. W. Dare for an alleged malicious prosecution of him before a justice of the peace of Pope County. The complaint alleges that the defendant falsely and maliciously and without probable cause charged the plaintiff by making an affidavit before a justice of the peace of said county with malicious mischief, in tying sticks in the mouths of two steers and tying their heads down to their feet with a chain, from the effects of which treatment they were greatly injured and one…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The foregoing ■ instructions are complained of, and we agree with the contention that the court erred in giving said instruction numbered eight. It in effect told the jury that if the defendant caused the arrest of the plaintiff, as charged in the complaint, for the purpose of extorting money from him, and not for the purpose of honestly prosecuting the suit for the offense charged, they should find for the plaintiff; or if they found from the testimony that he caused the law to be set in motion against the plaintiff to serve the defendant’s own persona1…
2Cases cited3 opinions
- Kansas & Texas Coal Co. v. GallowaySupreme Court of Arkansas · 1903
- L. B. Price Mercantile Co. v. CuillaSupreme Court of Arkansas · 1911
- Helena Hardwood Lumber Co. v. MaynardSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Kable v. CareySupreme Court of Arkansas · 1918
- Sims v. JaySupreme Court of Oklahoma · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. BrightSupreme Court of Arkansas · 1913
- McFall v. First National BankSupreme Court of Arkansas · 1919