Cabiness v. . Martin
Supreme Court of North Carolina
This was an action on the case, in which the plaintiff declared against the defendants for maliciously, and without probable cause, prosecuting him for perjury. — . Upon not guilty pleaded, the cause was tried before Don-nei.Ii, Judge, at Rutherford, on the last Spring Circuit.The perjury for which the defendants had the plaintiff arrested, was alleged to have taken place on the trial of an indictment against the defendants, for a conspiracy to extort money from one Horde;…
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This was an action on the case, in which the plaintiff declared against the defendants for maliciously, and without probable cause, prosecuting him for perjury. — . Upon not guilty pleaded, the cause was tried before Don-nei.Ii, Judge, at Rutherford, on the last Spring Circuit.The perjury for which the defendants had the plaintiff arrested, was alleged to have taken place on the trial of an indictment against the defendants, for a conspiracy to extort money from one Horde; and it appeared that Horde, having been arrested upon a charge of larceny, and brought before the defendant Martin, who…
1Opinion of the Court
Daniel, Judge,
after stating the facts, proceeded as follows:
We are of opinion, that if the facts were such as are .contended for by the defendants, they would not make out a probable cause, to authorise their issuing a state’s warrant, and prosecuting the plaintiff for perjury. In the case of Munns v. Dupont, (2 Brown Rep. Ap. 65,) Judge fWashington in delivering the opinion of the court, asks “what is the meaning of probable cause. I understand it to be the existence of circumstances “ and facts, sufficiently strong to excite in a rea- “ sonable mind, suspicion, that the person charged with…
2Cited by8 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Morgan v. . StewartSupreme Court of North Carolina · 1907
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Brown v. KisnerMississippi Supreme Court · 1942
- Humphries v. EdwardsSupreme Court of North Carolina · 1913
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