Legal Opinion

Merchant v. Pielke

North Dakota Supreme Court

Decided November 28, 1900PublishedCited by 16 opinions

Appeal from District Court, Richland County; Lauder, J. Action by Edvina Merchant against Michael Pielke. Judgment for plaintiff. Defendant appeals. Plaintiff’s actual damage as to her feelings, mental suffering, etc., were trifling. Pier money loss was only $27.50 and one day’s time. Her actual damages, therefore, could not reasonably be placed at more than $50. ’ The balance of the verdict must be accounted for on the theory of exemplary damages.

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Appeal from District Court, Richland County; Lauder, J. Action by Edvina Merchant against Michael Pielke. Judgment for plaintiff. Defendant appeals. Plaintiff’s actual damage as to her feelings, mental suffering, etc., were trifling. Pier money loss was only $27.50 and one day’s time. Her actual damages, therefore, could not reasonably be placed at more than $50. ’ The balance of the verdict must be accounted for on the theory of exemplary damages. In awarding exemplary damages the law requires a sound discretion based upon reason. The punishment must be in proportion to the offense. Saunders…

1Opinion of the CourtYoung, J.

Action to recover damages for malicious prosecution,. Verdict for plaintiff for $800. Defendant moved for a new trial. This was deified, and judgment was entered on the verdict. Defendant appeals from the judgment.

The complaint alleges that the defendant, with malice and without probable cause, procured plaintiff’s arrest and imprisonment upon the charge of malicious mischief, of which charge she was thereafter duly acquitted. Damages are alleged as a result of such wrongful arrest as follows: $30.15 expenses incurred in making her defense, and $2,000 for injury to her reputation, and for…

2Cases cited16 opinions

  1. Kolka v. JonesNorth Dakota Supreme Court · 1897
  2. Hamilton v. SmithMichigan Supreme Court · 1878
  3. Brown v. WilloughbySupreme Court of Colorado · 1879
  4. Atchison, Topeka & Santa Fe Railroad v. BrownSupreme Court of Kansas · 1897
  5. Stevens v. FassettSupreme Judicial Court of Maine · 1847

11 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Rozan v. RozanNorth Dakota Supreme Court · 1964
  2. Hayes v. CooleyNorth Dakota Supreme Court · 1904
  3. Adkin v. PillenMichigan Supreme Court · 1904
  4. Larsen v. JohnsonSouth Dakota Supreme Court · 1924
  5. Redahl v. StevensNorth Dakota Supreme Court · 1933

11 more not listed; retrieve them via the Exa API.

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