Irby v. Harrell
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; John R. Land, Judge. Suit by N. F. Irby against S. P. Harrell. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtProyosty, J.
This 3b a suit for malicious prosecution, based on the fact that the defendant caused the plaintiff to be arrested on a charge of embezzlement.
[1,2] For the maintenance of a suit of *829this kind a prima facie case of the prosecution having been without probable cause must be made out, by allegation and proof of the prosecution having terminated favorably to the plaintiff. In other words, the question of probable cause vel non must first have been fought out in the court of the prosecution; and there must have been an acquittal, or else an abandonment of the prosecution equivalent thereto.…
2Cited by10 opinions
- Scott D. Lemoine Beverly P. Lemoine v. Elizabeth P. WolfeSupreme Court of Louisiana · 2015
- Savoie v. RubinSupreme Court of Louisiana · 2002
- Glisson v. BiggioSupreme Court of Louisiana · 1917
- Amos v. BrownLouisiana Court of Appeal · 2002
- Guidry v. SavoieSupreme Court of Louisiana · 1927
5 more not listed; retrieve them via the Exa API.