Donnelly v. Daggett
Massachusetts Supreme Judicial Court
Tort, in two counts, for malicious prosecution. The first count alleged that the defendant, at a term of the First District Court of Bristol, on December 2, 1885, falsely and maliciously, and without any reasonable or probable cause, procured the plaintiff to be complained against, for fraudulently removing and concealing certain personal property, on or about July 1,1885, while a mortgage to the defendant was in force upon the same and unpaid.
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Tort, in two counts, for malicious prosecution. The first count alleged that the defendant, at a term of the First District Court of Bristol, on December 2, 1885, falsely and maliciously, and without any reasonable or probable cause, procured the plaintiff to be complained against, for fraudulently removing and concealing certain personal property, on or about July 1,1885, while a mortgage to the defendant was in force upon the same and unpaid. The second count alleged that at the same term the defendant falsely and maliciously, and without any reasonable or probable cause, procured the…
1Opinion of the CourtField, J.
Whether there is probable cause for a prosecution is a question of law only when all the facts which are relevant are either agreed or are undisputed. Sartwell v. Parker, 141 Mass. 405. It is also a question of law whether there is sufficient evidence of a want of probable cause to sustain the burden of proof, which is on the plaintiff. If a person fully lays before counsel learned in the law all the facts which he knows, and all the facts which he believes to be true and can be established by evidence, and he is advised by counsel that they constitute a legal cause for a prosecution, and he…
2Cases cited5 opinions
- Mitchell v. WallMassachusetts Supreme Judicial Court · 1873
- Sartwell v. ParkerMassachusetts Supreme Judicial Court · 1886
- Krulevitz v. Eastern RailroadMassachusetts Supreme Judicial Court · 1886
- Moyle v. DrakeMassachusetts Supreme Judicial Court · 1886
- Bobsin v. KingsburyMassachusetts Supreme Judicial Court · 1885
3Cited by9 opinions
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Black v. BuckinghamMassachusetts Supreme Judicial Court · 1899
- Connery v. ManningMassachusetts Supreme Judicial Court · 1895
- Jackson v. BellSouth Dakota Supreme Court · 1894
- Monaghan v. CoxMassachusetts Supreme Judicial Court · 1892
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