Russell v. Chamberlain
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Kootenai County. Hon. Balph T. Morgan, Judge. Action for malicious prosecution. Demurrer to complaint sustained and judgment of dismissal entered. It is not necessary to prove that the defendants were the originators of the proceedings complained of. If they participated voluntarily in the malicious prosecution, and it was carried out with their countenance and approbation, they will be liable.
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APPEAL from the District Court of the First Judicial District for Kootenai County. Hon. Balph T. Morgan, Judge. Action for malicious prosecution. Demurrer to complaint sustained and judgment of dismissal entered. It is not necessary to prove that the defendants were the originators of the proceedings complained of. If they participated voluntarily in the malicious prosecution, and it was carried out with their countenance and approbation, they will be liable. (Newell on Malicious Prosecution, 368; 1 Kinkaid on Torts, par. 55; Stansbury v. Fogle, 37 Md. 369; Mauldin v. Ball, 104 Tenn. 597, 58…
1Opinion of the CourtSullivan, J.
This is an action to recover damages for an alleged malicious prosecution. Demurrers to the amended complaint were sustained and judgment of dismissal -was entered and the plaintiff appeals therefrom. All of the defendants, except Frank M. Crandall, were served with summons and appeared. The defendant Crandall was not served and did not appear. It is alleged in the complaint that on the eleventh day of April, 1904, in Kootenai county, then said Crandall made, signed, swore to and filed with a justice of the peace, in said county, a certain complaint or in*301formation in writing charging and…
2Cases cited6 opinions
- Stansbury v. FogleCourt of Appeals of Maryland · 1873
- Grant v. DeuelSupreme Court of Louisiana · 1842
- Dreux v. DomecCalifornia Supreme Court · 1861
- Briant v. JacksonSupreme Court of Missouri · 1889
- Small v. McGovernWisconsin Supreme Court · 1903
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3Cited by15 opinions
- Clark v. AllowayIdaho Supreme Court · 1946
- Howard v. FeltonIdaho Supreme Court · 1963
- Luther v. First Bank of TroyIdaho Supreme Court · 1943
- Meraz v. ValenciaNew Mexico Supreme Court · 1922
- Fusario v. CavallaroSupreme Court of Connecticut · 1928
10 more not listed; retrieve them via the Exa API.