Tabert v. Cooley
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Jack-eon county, Perkins, J., presiding, refusing a new trial after verdict of $300 for plaintiff.
1Opinion of the CourtCollins, J.
This was an action for malicious prosecution, and, under the issues as presented by the pleadings, defendant having admitted a criminal prosecution by him which terminated in plaintiff’s acquittal or discharge, it was incumbent upon the latter to show that the prosecution was without probable cause, and originated in defendant’s malice. The proof of this want of probable cause, although a negative proposition, was on the plaintiff, as is always the case with such issues. He had been prosecuted for the crime of the lar-ceny of a horse, which he had taken from defendant’s possession under a…
2Cases cited1 opinion
- Stewart v. SonnebornSupreme Court of the United States · 1879
3Cited by8 opinions
- Cox v. LauritsenSupreme Court of Minnesota · 1914
- Scott v. Dennett Surpassing Coffee Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Hutchinson v. WenzelIndiana Supreme Court · 1900
- Eastman v. Leiser Co.Supreme Court of Minnesota · 1921
- Price v. DenisonSupreme Court of Minnesota · 1905
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