(DOWNLOAD) "Somerstein v. Gutierrez" by New Mexico Court of Appeals # eBook PDF Kindle ePub Free

May 23, 2021

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.

Download Free Books "Somerstein v. Gutierrez" PDF ePub Kindle

Read More