The American and English Encyclopedia of Law1890 |
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Page 19
... party , the law will not hold the per- son who made the complaint responsi- ble , in an action for malicious prosecu- tion , for the consequence of such error . Newman v . Davis , 58 Iowa 447 . But it is held that a party who ma ...
... party , the law will not hold the per- son who made the complaint responsi- ble , in an action for malicious prosecu- tion , for the consequence of such error . Newman v . Davis , 58 Iowa 447 . But it is held that a party who ma ...
Page 22
... party accused without probable cause , though the proceeding be ended by dismissal with- out any arrest having been made , and the injury in such case is completed by filing the affidavit before a justice of the peace . and the issue of ...
... party accused without probable cause , though the proceeding be ended by dismissal with- out any arrest having been made , and the injury in such case is completed by filing the affidavit before a justice of the peace . and the issue of ...
Page 23
... party is actuated by improper and indirect motives . The improper motive , or want of proper motive inferrible from a wrongful act , based upon no reason- able ground , constitutes of itself all the malice deemed essential in law to the ...
... party is actuated by improper and indirect motives . The improper motive , or want of proper motive inferrible from a wrongful act , based upon no reason- able ground , constitutes of itself all the malice deemed essential in law to the ...
Page 25
... party's knowledge , to be- lieve , or entertain an honest and strong suspicion that the person accused is guilty . Hilliard on Torts , ch . 12 , ยง 18 . Probable cause is such a state of facts and circumstances as would lead a man of ...
... party's knowledge , to be- lieve , or entertain an honest and strong suspicion that the person accused is guilty . Hilliard on Torts , ch . 12 , ยง 18 . Probable cause is such a state of facts and circumstances as would lead a man of ...
Page 34
... party are no adequate compensation for the time , trouble and expense of de- fending a malicious and groundless civil action . The party sued must devote some time to the defence of the suit ; he must look up his evidence and employ ...
... party are no adequate compensation for the time , trouble and expense of de- fending a malicious and groundless civil action . The party sued must devote some time to the defence of the suit ; he must look up his evidence and employ ...
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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