Ray v. Patrick

Decided May 25, 1885

Mississippi Supreme Court · decided 1885-05-25

This was an action by appellee against appellant to recover damages for a malicious prosecution instituted against him by appellant and causing him to be arrested and tried on a charge of larceny in stealing hogs. From a verdict and judgment for plaintiff for $200, defendant appeals. Eeversed and remanded. The court gave the following instructions for plaintiff over the objection of defendant: “ First.

Relies on Whitfield v. Westbrook · Greenwade v. Mills · Planters Insurance Co. v. Williams

Reversed and remanded, · Decided 1885-05-25

¶1Opinion.

Campbell, J.:

¶2The rules of law applicable to this case are clearly announced in the following eases: Greenwade v. Mills, 31 Miss. 464; Whitfield v. Westbrook, 40 Miss. 311; Insurance Co. v. Williams, 60 Miss. 916.

¶3Tried by them, it was error to give the first, fifth, and eighth instructions for the .plaintiff below, and the third, sixth, seventh, and ninth instructions for him are justly subject to criticism as calculated to mislead the jury.

¶4A new trial should be had, and it is ordered.

¶5Reversed and remanded.