Kable v. Carey
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, First Division; W. J. Driver, Judge; 1. The trial court did not properly make the distinction between false improvement and malicious prosecution. 11 R. C. L. 791-2; 18 Id. 11, 12-20, 21; 64 Ark. 453; 32 Id. 166. There was no legal prosecution here and no crime charged. 15 L. R. A. 707; 58 Iowa, 447. See 2 Blackf. 259; 32 Pa. 168; 39 Am.
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Appeal from Craighead Circuit Court, First Division; W. J. Driver, Judge; 1. The trial court did not properly make the distinction between false improvement and malicious prosecution. 11 R. C. L. 791-2; 18 Id. 11, 12-20, 21; 64 Ark. 453; 32 Id. 166. There was no legal prosecution here and no crime charged. 15 L. R. A. 707; 58 Iowa, 447. See 2 Blackf. 259; 32 Pa. 168; 39 Am. Dec. 124; 30 Pa. 344; 35 S. E. 558; 4 Car. & P. 456; 27 S. E. 680; 36 L. R. A. (N. S.), 230. 2. It was error to give instruction No. 2. 100 Ark. 320. No. 8 is also error. It was error to refuse No. 8 for defendants. Also…
1Opinion of the Court
HART, J.,
(after stating the facts). Counsel for the defendants assign as error the action of the court in refusing to instruct the jury that the defendants could justify their action in instituting the prosecution by showing that they relied in good faith upon the advice of the justice of the peace after making a full and fair disclosure of all the facts to him. The court not only refused to give this instruction but gave the converse of it. The jury were instructed, in effect, that while the fact that the defendants detailed all the facts to the justice, if done in good faith, could not be…
2Cases cited4 opinions
- L. B. Price Mercantile Co. v. CuillaSupreme Court of Arkansas · 1911
- Price v. MorrisSupreme Court of Arkansas · 1916
- Catzen v. BelcherWest Virginia Supreme Court · 1908
- Dare v. HarperSupreme Court of Arkansas · 1911
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