Garnier v. Bernard
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. Voorhies, J. 1. Revised Statutes of 1870, Sec. 818; Blass vs. Gregor & Wilson, 15 An. 421; 9 R. 387, 418; 9 An, 219; 1 Hennen, p. 823, No. 7; 824, No. 20. 2. The use of criminal process to enforce a civil claim is an intolerable abuse, even where the claim exists. But if the claim be unfounded it shows a recklessness of the rights and character of others which amounts to malice.
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APPEAL from the Oivil District Court, Parish of Orleans. Voorhies, J. 1. Revised Statutes of 1870, Sec. 818; Blass vs. Gregor & Wilson, 15 An. 421; 9 R. 387, 418; 9 An, 219; 1 Hennen, p. 823, No. 7; 824, No. 20. 2. The use of criminal process to enforce a civil claim is an intolerable abuse, even where the claim exists. But if the claim be unfounded it shows a recklessness of the rights and character of others which amounts to malice. The wanton injury of an individual is in itself a malicious act, and where the criminal proceedings are shown entirely without cause no further malice need be…
1Opinion of the Court
The opinion of the court was delivered by
Watkins, J.
This is an action in damages for a malicious prosecution — plaintiff’s demand being for |21C0, subdivided and apportioned as follows, viz.:
1. One thousand dollars actual damages suffered during the eleven months while the criminal prosecution was pending against him, by reason of mental anxiety and distress, humiliation, annoyance and mortification.
2. One thousand dollars punitory damages for the abuse of legal process without probable cause and with malice, in order to vex, harass and humiliate the plaintiff.
3. One hundred dollars paid and…
2Cases cited1 opinion
- Maloney v. DoaneSupreme Court of Louisiana · 1840
3Cited by2 opinions
- Lang v. DeLucaSupreme Court of Louisiana · 1902
- Vicksburg S. & P. R. R. v. PorterfieldMississippi Supreme Court · 1912