Hull v. Sprague
Decision Date | 13 July 1901 |
Citation | 23 R.I. 188,49 A. 697 |
Parties | HULL v. SPRAGUE. |
Court | Rhode Island Supreme Court |
Action by Joseph A. Hull against Amasa Sprague, 2d, for malicious prosecution. Defendant's demurrer to plaintiff's declaration sustained.
Franklin P. Owen, for plaintiff.
Tilllnghast & Tillinghast, for defendant.
The declaration in this case is demurrable, in that it fails to allege the travel and result of the action complained of as malicious, in the court where such action was begun. It is true that it appears from the voluminous pleadings in the case that there was a trial of the action complained of as malicious, in the lower court, and that it resulted in favor of the present defendant, who was the plaintiff in that suit. But, under all the precedents, and under the well-settled law in such cases, the travel of the original action, and the result thereof, should have been set out in the declaration in this case. See Newell, Mai. Pros. 396-404. In Spring v. Besore, 12 B. Mon. 555, the court say: Under the decision of this court in Giustl v. Del Papa, 19 R. I. 338, 33 Atl. 525, a judgment in the lower court in favor of a...
To continue reading
Request your trial-
Nagy v. McBurney
...reversed on appeal, unless it is shown to have been obtained by fraud or other imposition upon the court. Hull v. Sprague, 23 R.I. 188, 188-89, 49 A. 697, 697 (1901); Giusti v. Del Papa, 19 R.I. 338, 339-40, 33 A. 525, 525-26 (1896); Welch v. Boston & Providence Railroad, 14 R.I. 609, 610 (......
-
Dyson v. City of Pawtucket
... ... Proof of a conviction resulting from an arrest is conclusive evidence of probable cause in malicious-prosecution cases. Hull v. Sprague, 23 R.I. 188, 189, 49 A. 697, 697 (1901); Welch v. Boston & Providence Railroad Corp., 14 R.I. 609, 609-10 (1884); King v. Colvin, 11 ... ...
- Horton v. Feinberg