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Butler, J. The motion must be denied. On fuller examination, I am entirely satisfied the plaintiff has not presented a case which entitles him to recover. The burden is on him to prove malice,,and also want of
*705 probable canse. In my judgment, he has not produced 'any reliable evidence of either. I have looked carefully through the case, and the impression made at the trial has deepened into conviction. I need not repeat what I then suggested in explanation of my views.
Document Info
Citation Numbers: 31 F. 704, 1887 U.S. App. LEXIS 2679
Judges: Butler
Filed Date: 6/28/1887
Precedential Status: Precedential
Modified Date: 11/3/2024