The American and English Encyclopedia of Law1890 |
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Page 17
... cause of action for false imprisonment , or one for malicious prosecution , or both . Wagstaff v . Schippel , 27 Kan . 450 . In Nebenzahl v . Townsend , 61 How . Pr . ( N. Y. ) 353 , it is held that these ac- tions are inconsistent and ...
... cause of action for false imprisonment , or one for malicious prosecution , or both . Wagstaff v . Schippel , 27 Kan . 450 . In Nebenzahl v . Townsend , 61 How . Pr . ( N. Y. ) 353 , it is held that these ac- tions are inconsistent and ...
Page 18
... cause therefor.1 3rd . The suit or proceeding must be terminated.2 Everyone is in duty bound to act fairly , honestly. of such action , and not merely to the recovery of exemplary damages . In Farmer v . Darling , 4 Burr . 1971 , one of ...
... cause therefor.1 3rd . The suit or proceeding must be terminated.2 Everyone is in duty bound to act fairly , honestly. of such action , and not merely to the recovery of exemplary damages . In Farmer v . Darling , 4 Burr . 1971 , one of ...
Page 19
... cause exists , this action will not lie.1 II . GENERAL PRINCIPLE ON WHICH ACTION DEPENDS . - As a rule , actions for malicious prosecutions cannot be maintained if the accusation complained of was not made in the ordinary and reg- ular ...
... cause exists , this action will not lie.1 II . GENERAL PRINCIPLE ON WHICH ACTION DEPENDS . - As a rule , actions for malicious prosecutions cannot be maintained if the accusation complained of was not made in the ordinary and reg- ular ...
Page 20
... cause ; as , for instance , causes an execution to issue upon a judgment which he holds.3 Nor where the action complained of has been acquiesced in as by compromise.4 III . ESSENTIALS TO MALICIOUS PROSECUTION - 1 . Criminal. : in such a ...
... cause ; as , for instance , causes an execution to issue upon a judgment which he holds.3 Nor where the action complained of has been acquiesced in as by compromise.4 III . ESSENTIALS TO MALICIOUS PROSECUTION - 1 . Criminal. : in such a ...
Page 21
... cause , affords , when terminated , the basis of an action of malicious prosecution against the one so bringing or prosecuting such proceeding.1 The varied character and phrases of such criminal proceedings are here noted.2 ( a ) Malice ...
... cause , affords , when terminated , the basis of an action of malicious prosecution against the one so bringing or prosecuting such proceeding.1 The varied character and phrases of such criminal proceedings are here noted.2 ( a ) Malice ...
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Common terms and phrases
action for malicious alleged apply Arnould Mar Bank Barb bottomry cargo claim common law Commrs Conn contract court court of equity coverture creditors damages debt deed defendant duty enforce equity estopped evidence fact feme covert feme sole fraud freight Gratt Gray Mass held husband and wife Iowa issue Johns Jones Judge judgment jury liable lie to compel lien loss malicious prosecution maritime lien marriage married woman ment Minn N. J. Eq Ohio St owner party payment peremptory mandamus person Pick plaintiff port probable cause refusal remedy riage rule ship Smith Stat statute Stewart Stewart H stockholders suit Supervisors Tenn tion tort trustee underwriter valid vessel void voyage want of probable warrant Wend writ of mandamus