Pierce v. Doolittle
Supreme Court of Iowa
Appeal from Pottawattamie District Court.— Hon. A. B. Ti-iornell, Judge. Action for malicious prosecution in two counts^ in tbe first of which, it was charged that defendant maliciously, and without probable cause, filed with the mayor of the tqwn of 'Oarson an information signed and sworn to by defendant charging plaintiff as a physician with the violation of an ordinance of the town in failing to notify the proper officers of the existence of scarlet fever, under which…
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Appeal from Pottawattamie District Court.— Hon. A. B. Ti-iornell, Judge. Action for malicious prosecution in two counts^ in tbe first of which, it was charged that defendant maliciously, and without probable cause, filed with the mayor of the tqwn of 'Oarson an information signed and sworn to by defendant charging plaintiff as a physician with the violation of an ordinance of the town in failing to notify the proper officers of the existence of scarlet fever, under which charge plaintiff was arrested, tried before the mayor and found not guilty; and in the second with filing a similar…
1Opinion of the CourtMcClain, C. J.
The elements of an action for malicious prosecution are: (1). Previous prosecution of the plaintiff substantially as alleged; (2) the instigation or procurement of such prosecution by the defendant; (3) the termination of the prosecution by the acquittal or discharge of the plaintiff; (4) want of probable cause; and (5) malice. As to each of' these elements plaintiff has the burden of proof. Holden v. Merritt, 92 Iowa, 707; Miller v. Milligan, 48 Barb. (N. Y.) 30; 19 Am. & Eng. Encyc. of Law, 653.
The evidence of this case shows beyond question the institution of each of the prosecutions…
2Cases cited7 opinions
- Blue v. BeachIndiana Supreme Court · 1900
- Commonwealth v. SissonMassachusetts Supreme Judicial Court · 1905
- State v. WilliamsSupreme Court of Missouri · 1901
- State ex rel. Witter v. ForknerSupreme Court of Iowa · 1895
- Parker v. ParkerSupreme Court of Iowa · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Gilchrist v. BierringSupreme Court of Iowa · 1944
- Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- State v. McCartyAlabama Court of Appeals · 1912
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