Casebeer v. Drahoble
| Decision Date | 01 July 1882 |
| Citation | Casebeer v. Drahoble, 13 Neb. 465, 14 N.W. 397 (Neb. 1882) |
| Parties | JACOB CASEBEER, PLAINTIFF IN ERROR, v. MARY DRAHOBLE AND JOHN CASEBEER, DEFENDANTS IN ERROR |
| Court | Nebraska Supreme Court |
ACTION for malicious prosecution, brought in the district court for Gage county. Trial below before WEAVER, J., and judgment for defendants.
REVERSED AND REMANDED.
Pemberton & Forbes for plaintiff in error, cited 3 Gilm., 306. Cooley on Torts, 187. Clements v. Ohrly, 61 Eng. Com. Law 686. Cooley, 133. Wells v. Parsons, 3 Har., 505. Bliss Code Pl., sec. 82. Miller v. Milligan, 48 Barb. 30.
George M. O'Brien, for defendants in error, cited: 1 Greenleaf on Evidence, sec. 51. Malcomson v. Clayton, 13 Moore, 198.
The first thing necessary to prove on the part of the plaintiff was that he had been prosecuted for the crime alleged. A proper if not the only way to do this was by producing the record or records of such proceedings. These records, upon being offered by the plaintiff, were excluded on the ground that the complaint in either case was not signed by both defendants. We do not think it necessary that either of the defendants should have actually made the complaint, but that proof that they caused the plaintiff to be prosecuted would be sufficient on that point. Much less was held to be sufficient by Lord Denman in the case of Clements v. Ohrley, 61 English Common Law 686, cited by counsel for plaintiff in error, but that is rather an extreme case.
We think the allegations of the petition sufficient as to the termination of the alleged malicious prosecutions. While there is a conflict of authorities, the weight of authority as well as of reason is in favor of the position that the right of action is complete whenever "the particular prosecution be disposed of in such a manner that this cannot be revived, and the...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
-
Laskar v. Hurd, No. 19-11719
...such a manner that [it] cannot be revived, and the prosecutor, if he proceeds further, will be put to a new one. Casebeer v. Drahoble , 13 Neb. 465, 14 N.W. 397, 397 (1882) (internal quotation marks omitted). Even Hawai‘i, which was then an independent kingdom and not a state or even a terr......
-
Martin v. Sanford
... ... prosecution under the circumstances of the instant case. 18 ... R.C.L. 27, § 15; Casebeer v. Drahoble, 13 Neb. 465, ... 14 N.W. 397; Murphy v. Ernst, 46 Neb. 1, 64 N.W ... 353; Sudborough v. Pacific Express Co., 4 Neb ... (Unof.) ... ...
-
Richter v. Farmers' State Bank, a Corp.
...to reach a stage beyond which the accused cannot be further prosecuted therein." Ross v. Hixon, 26 Am. St. Rep. 123, note; Casebeer v. Drahoble, 13 Neb. 465; McWilliams Hoban, 42 Md. 56; Ballock v. Randall, 76 Ill. 224; Gillespie v. Hudson, 11 Kan. 163; Schippel v. Norton, 38 Kan. 567. It w......
-
Stewart v. Southeast Foods, Inc., 92-CA-01236-SCT
...from having its effect as a termination of the prosecution before him, sufficient to support the civil action. Casebeer v. Drahoble, 13 Neb. 465, 14 N.W. 397 (1882). These rulings reflect the rationale that a favorable termination should not be exclusively defined as an acquittal. "All that......