Frey v. Stoneman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[sjhould a conflict arise as to the circumstances explaining the [dismissal], the trier of fact must exercise its traditional role in deciding the conflict”
• stating general rule that consideration of evidence extrinsic to pleadings converts motion to dismiss to motion for summary judgment
• analyzing Restatement § 674 in determining “probable cause” element of malicious prosecution claim
• “Because evidence extrinsic to the pleadings was offered to and relied on by the trial judge in making this decision, the motion to dismiss should have been treated as one for summary judgment.”
• discussing the jurisdictions that allow an examination of the circumstances

Source: CourtListener parenthetical corpus (CC0).