Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Oakes v. Jensen, 257 S.W.2d 48 (1952)

Citation
Oakes v. Jensen, 257 S.W.2d 48 (1952)
Parent Document
Oakes v. Jensen, 257 S.W.2d 48 (1952)
Jurisdiction
Kentucky (state)
Effective Date
1952-11-21

Full Text

823 chars
Oakes did not seek the advice of an attorney in suing out any of these warrants and the proof is conflicting as to whether or not he'had the forcible detain-er proceedings instituted in good, faith or was using them in an attempt to coerce Jensen into agreeing to the increase in the rent. Therefore, the court properly refused- to direct a verdict for Oakes on the question of whether . these detainer • warrants were prosecuted maliciously -or in good faith.. It was held in Baber v. Fitzgerald, 311 Ky. 382, 224 S.W.2d 135, that 'maliciously' suing out fo'rcible detainer warrants "to annoy ánd harass a tenant will support an action for malicious'prosecution. Oakes admits in his brief there was sufficient evidence to take the case to the jury on the question of whether the peace warrant was maliciously prosecuted. .