139 Minn. 97 | Minn. | 1917
Action for malicious prosecution. Defendant owned a dwelling house in St. Paul. Plaintiff occupied it as tenant. Defendant terminated the tenancy and plaintiff moved. Next day defendant claimed to have found that certain damage had been done to the interior of the house. He thought of having plaintiff arrested. He went to his lawyer who referred him to the city, prosecutor. His statement to the city prosecutor and the advice given is testified to by that official as follows:
“He said there were * * * some drawers in closets up stairs * * * that had been removed * * * and there was considerable shelving had also been removed from these closets. He mentioned a window on the second floor * * * that had been broken, and he described the damage to the window; he stated it looked as though it had been pushed out. He stated there were some curtains or window shades that had been removed from the down stairs * * * I believe, and.that one or two of those curtains had been cut; he described the cut to me * * *. And I think he said something about wall paper being torn in the hallway. He also mentioned a trap or water faucet being destroyed or removed — in the kitchen I believe; and said that the vegetable bin and coal bin and either a table or bench in the cellar had been removed; and that there were evidences that they had been destroyed or cut up down there; and he had with him at the time several shavings or pieces of wood he contended were parts of these bins or benches. * * * He claimed also this property he described was in good condition when Mr. J ones moved into the place, and was found in this condition or was missing entirely when the defendant moved out. I told him he had probable cause to believe that Mr. Jones had caused this damage * * * that he had probable cause to have a warrant issued for his arrest on that charge.”
The prosecutor then prepared a complaint on a charge of malicious destruction of property, had defendant sign it and caused a warrant to issue. Plaintiff was arrested, tried and acquitted, and then brought this action. This case has been tried twice. Two juries found for plaintiff. The last jury gave a verdict for $1,125. Defendant appealed.