(DOWNLOAD) "Somerstein v. Gutierrez" by New Mexico Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Somerstein v. Gutierrez
- Author : New Mexico Court of Appeals
- Release Date : January 30, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This is a malicious prosecution case. One of the elements to be proved, by a preponderance of the evidence, is that no probable cause existed for the prosecution. Meraz v. Valencia et al., 28 N.M. 174, 210 P. 225 (1922). The trial court dismissed plaintiffs complaint, with prejudice, at the close of all the evidence. It did so on the basis that "... Plaintiff did not prove that the Defendants [Preston and Rhodes Department Store] acted without probable cause in initiating or procuring the arrest of the Plaintiff...." Defendant Gutierrez had been dismissed previously on plaintiffs motion. The issue is the propriety of the trial courts probable cause ruling as to Preston and Rhodes.