Kellogg v. Ford
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Harvey Kellogg against Frank M. Ford, for malicious prosecution.
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From Marion: Percy R. Kelly, Judge. Department 2. Statement by Mr. Chief Justice McBride. This is an action by Harvey Kellogg against Frank M. Ford, for malicious prosecution. The complaint alleges: “On the 5th day of July, 1912, in the City of Salem, county of Marion, State of Oregon, defendant, Frank M. Ford, willfully, maliciously, and for the unlawful purpose of injuring plaintiff, and without probable cause therefor, or without any cause whatsoever, went before D. Webster, justice of the peace for Salem District, County of Marion, State of Oregon, and then and there verified a criminal…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The court erred in leaving the construction of the criminal complaint to the jury. It would have been a good complaint under Section 1979, L. O. L. which makes the offense of willfully breaking the glass in a building not his own a misdemeanor.
2. It is true that the complaint uses “of,” while the statute uses “in”; but in the connection here used the words are synonymous: Ivey v. State, 112 Ga. 175 (37 S. E. 398); Queen v. Toke, 8 Ad. & E. 227; Lachaise v. Marks, 4 E. D. Smith (N. Y.), 610. It is dividing a hair “betwixt the south and southwest side” to…
2Cases cited7 opinions
- Biering v. First National BankTexas Supreme Court · 1888
- State v. PomeroyOregon Supreme Court · 1896
- Heldt v. WebsterTexas Supreme Court · 1883
- Stanley v. SmithOregon Supreme Court · 1887
- Ivey v. StateSupreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McClinton v. RiceArizona Supreme Court · 1953
- State v. AusplundOregon Supreme Court · 1917
- Hanson v. SchrickOregon Supreme Court · 1938
- Service v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1918
- Saratoga Inv. Co. v. KernOregon Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.