Ball v. Rawles
California Supreme Court
Appeal from a judgment of the Superior Court of Mendocino County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
Action against the defendant for a malicious prosecution in causing the arrest of the plaintiff upon a criminal charge.
At the request of the defendant, the court instructed the jury: “ If the jury believe from the evidence that the defendant had probable cause to believe that the plaintiff was guilty of the offense charged against him, then it is not material whether the defendant was actuated by proper motives or improper motives in instituting the criminal proceedings against the plaintiff. To authorize a recovery in this class of cases, it must appear that the defendant was actuated by…
2Cases cited11 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Eastin v. Bank of StocktonCalifornia Supreme Court · 1884
- Grant v. MooreCalifornia Supreme Court · 1866
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Harkrader v. MooreCalifornia Supreme Court · 1872
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3Cited by92 opinions
- Bertero v. National General Corp.California Supreme Court · 1974
- Careau & Co. v. Security Pacific Business Credit, Inc.California Court of Appeal · 1990
- Sheldon Appel Co. v. Albert & OlikerCalifornia Supreme Court · 1989
- Werner v. Southern California Associated NewpapersCalifornia Supreme Court · 1950
- People v. KilvingtonCalifornia Supreme Court · 1894
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