Welch v. . Cheek
Supreme Court of North Carolina
Civil. ActioN for damages for malicious prosecution, upon a charge of embezzlement, tried before Shaw, at March Term, 1899, of the Superior Court of RaNDoupu; County. The defendant introduced no evidence. The testimony tended to show, among other things, that the criminal prosecution had been compromised by the parties, and in consequence thereof the action had been dismissed by the magistrate, and the accused discharged.
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Civil. ActioN for damages for malicious prosecution, upon a charge of embezzlement, tried before Shaw, at March Term, 1899, of the Superior Court of RaNDoupu; County. The defendant introduced no evidence. The testimony tended to show, among other things, that the criminal prosecution had been compromised by the parties, and in consequence thereof the action had been dismissed by the magistrate, and the accused discharged. Issues Submitted to the -Jury. 1. Did the defendant cause the arrest of plaintiff upon the-charge of embezzlement maliciously and without probable cause, as alleged in the…
1Opinion of the CourtEaircloth, C. J.
This is an action for malicious prosecution. In the criminal action the plaintiff alleged that the defendant had embezzled $100 of plaintiff’s money, which was denied. The plaintiff in this action was arrested under a warrant, and he alleges that it was done maliciously and without probable cause. The defendant avers in his answer that “the plaintiff prevailed on the defendant to let the matter drop, which was not done voluntarily by the defendant; on the contrary, there was no trial by the consent and at the procurement of the plaintiff,” and that he paid some of the costs which had accrued.…
2Cases cited3 opinions
- Marcus v. Bernstein, Cohen & Co.Supreme Court of North Carolina · 1895
- Welch v. . CheekSupreme Court of North Carolina · 1894
- Ritchie v. BoyntonMassachusetts Supreme Judicial Court · 1874
3Cited by16 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- White v. International Text Book Co.Supreme Court of Iowa · 1912
- Ronald Lee Tucker v. Dewey Duncan and Tom RasmussenCourt of Appeals for the Fourth Circuit · 1974
- Waters v. WinnSupreme Court of Georgia · 1914
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
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