Spear v. Pendill
Michigan Supreme Court
Error to Marquette; Flannigan, J. Case by John W. Spear against James Pendill for malicious abuse of process. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtMcAlvay, J.
Plaintiff brought suit and recovered a judgment against defendant for the sum of $600, in an action on the case for damages claimed to have been caused by defendant in making a criminal complaint in writing and under oath, charging plaintiff with conducting a bucket shop in the city of Marquette, Mich., contrary to law. From the declaration in the case we presume that, it was intended to charge that this was done by defendant wilfully and maliciously, and not falsely. Issue was joined by a plea, and the question of the sufficiency of the declaration is not raised.
In the declaration plaintiff,…
2Cases cited6 opinions
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Bonney v. KingIllinois Supreme Court · 1903
- Antcliff v. JuneMichigan Supreme Court · 1890
- Gallaway v. BurrMichigan Supreme Court · 1875
- Seiber v. PriceMichigan Supreme Court · 1873
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3Cited by38 opinions
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- Ash v. CohnSupreme Court of New Jersey · 1937
- Three Lakes Ass'n v. WhitingMichigan Court of Appeals · 1977
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
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