Stephenson v. McCurdy
Cases that cite this one
6 later published cases cite this decision.
- Buchanan v. Miami Herald Publishing Company (Fla. Dist. Ct. App. 1968)
- Kelsey D. Bartlett v. Dr. Robert E. Weimer (7th Cir. 1959)
- Scott v. Patterson, Unpublished Decision (6-26-2003) (Ohio Ct. App. 2003)
- Mayer v. Bristow, Unpublished Decision (11-24-1999) (Ohio Ct. App. 1999)
- Siegel v. O. M. Scott & Sons Co. (Ohio Ct. App. 1943)
- Patterson v. Kincade (Ohio Ct. App. 1932)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The paramount question in this case is whether or not testimony given before a *118 grand jury is privileged and inadmissible in evidence to sustain an action for malicious prosecution.
Defendant in error relies upon the case of Kintz v. Harriger, 99 Ohio St., 240, 124 N. E., 168, 12 A. L. R., 1240. That case related to testimony given before a grand jury in the state court. In the present case, the testimony relied upon was given before a federal grand jury. In the case of Vogel, Exr., v. Gruaz, 110 U. S., 311, 4 S. Ct., 12, 28 L. Ed., 158, testimony "of this character is held to be privileged; and in the case of the Taplin-Rice-Clerkin Co. v. Hower, post, 123, 177 N. E., 203, this day decided in this court, the case of Kints v. Harriger is overruled and the rule of Vogel, Exr., v. Gruaz, supra, adopted.
It follows that the judgment of the Court of Appeals must be reversed and the judgment of the court of common pleas affirmed.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.