Laster v. Bragg
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. D. F. Bragg filed a complaint in the Lonoke Circuit Court against J. H. Laster and Chas. Laster in three counts. The first and third counts alleged malicious prosecution and the second, slander.
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Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; STATEMENT BY THE COURT. D. F. Bragg filed a complaint in the Lonoke Circuit Court against J. H. Laster and Chas. Laster in three counts. The first and third counts alleged malicious prosecution and the second, slander. The first paragraph of the complaint alleges in substance that on or about the 25th day of October, 1911, the defendants maliciously and without probable cause instituted a prosecution against plaintiff before a justice of the peace, charging him with having stolen cotton belonging to defendants and disposing of the…
1Opinion of the Court
Hart, J.,
(after stating'the facts). It is first contended by counsel for appellant that the undisputed evidence shows that the defendant J. H. Laster had provable cause to institute the prosecution against Bragg and that the court erred in not so decreeing, as a matter of law. In the case of Hitson v. Sims, 69 Ark. 439, the court, speaking through Mr. Justice Battle, in discussing an instruction on probable cause, said:
“In cases like this, a probable cause is such a state of facts known to the prosecutor, or such information received by him from sources entitled to credit, as would induce a…
2Cases cited5 opinions
- Foster v. PittsSupreme Court of Arkansas · 1897
- L. B. Price Mercantile Co. v. CuillaSupreme Court of Arkansas · 1911
- Miller v. NuckollsSupreme Court of Arkansas · 1905
- Gaines v. BeldingSupreme Court of Arkansas · 1892
- Hitson v. SimsSupreme Court of Arkansas · 1901
3Cited by12 opinions
- Price v. MorrisSupreme Court of Arkansas · 1916
- Grandjean v. GrandjeanSupreme Court of Arkansas · 1994
- Redman v. HudsonSupreme Court of Arkansas · 1916
- Machen Ford-Lincoln-Mercury, Inc. v. MichaelisSupreme Court of Arkansas · 1984
- Morris v. StateSupreme Court of Arkansas · 1913
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