Kerstetter v. Thomas

Citations

• 36 Wash. 620
• 79 P. 290
• 1905 Wash. LEXIS 638

Syllabus

<p>Malicious Prosecution — Charge of Disorderly Conduct — Defense of Intoxication — Evidence in Rebuttal. In an action for the malicious prosecution and arrest of plaintiff upon a charge of disorderly conduct, it is not necessary for the plaintiff to prove that he was not intoxicated at the time of his alleged violation of the ordinance, and where the question of such intoxication is raised hy the testimony of the defendant, it is not error to permit the plaintiff to rehut it.</p> <p>Malicious Prosecution — Defenses—Discharge — Jurisdiction of Justice of the Peace — Change of Venue — Transcript of Docket — Evidence. In an ¡action for a malicious prosecution of a charge before a justice of the peace, where a change of venue was had to the next nearest justice, the transcript of the docket, showing plaintiff’s discharge, is properly admitted in evidence, Where sufficient appears to show that such justice had acquired jurisdiction of the case.</p> <p>Same — Complaint—Sufficiency—Objections First Made in Supreme Court. In an action for the malicious prosecution of a charge before a justice of the peace, where a change of venue is had to one who is admitted to be the next nearest justice, the complaint cannot be objected to for the first time in the supreme court on the ground that it did not set forth the facts showing the jurisdiction of the last justice, where the properly certified records of the justices show the transfer was regularly made, technical accuracy not being required.</p>