Pontius v. Kimble
Indiana Court of Appeals
From Jay Circuit Court; James J. Moran, Judge. Action by Fred Kimble, by his next friend, Sheridan Bailey, against Allen Pontius. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtFelt, J.
Suit for damages for malicious prosecution. A trial by jury resulted in a verdict and judgment in favor of appellee for $125, from which appellant appeals.
1. The only error assigned is the overruling of the motion for a new trial. The questions not waived by failure to present in the briefs relate to the giving to the jury of certain instructions by the court of its own motion. Objection is made to instructions Nos. 7 and 10 on the ground that they give an erroneous definition of malice as applied to this case. That part of instruction No. 7 to which objection is urged reads as follows:…
2Cases cited14 opinions
- Oliver v. PateIndiana Supreme Court · 1873
- Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
- Lytton v. BairdIndiana Supreme Court · 1884
- Pearce v. DillIndiana Supreme Court · 1897
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911
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3Cited by12 opinions
- FW Woolworth Co., Inc. v. AndersonIndiana Court of Appeals · 1984
- Smith v. GravesIndiana Court of Appeals · 1915
- Satz v. KoplowIndiana Court of Appeals · 1979
- Estes v. Hancock County BankIndiana Supreme Court · 1972
- Stivers v. Old National BankIndiana Court of Appeals · 1970
7 more not listed; retrieve them via the Exa API.