Smith v. . Deaver
Supreme Court of North Carolina
ActioN on the oase for á malicious prosecution, tried before Caldwell, Judge, at the Spring Term, 1857, of Madison Superior Court. The defendant JI. B. 'Deaver had been prosecuted for forgery, in altering the date of a certain note, executed by one Bradley to one Carter, on which a warrant had issued in the name of Carter to the use of said Deaver.
Read the full summary
ActioN on the oase for á malicious prosecution, tried before Caldwell, Judge, at the Spring Term, 1857, of Madison Superior Court. The defendant JI. B. 'Deaver had been prosecuted for forgery, in altering the date of a certain note, executed by one Bradley to one Carter, on which a warrant had issued in the name of Carter to the use of said Deaver. The note in question, with the warrant thereon, (which had never been served) came to the hands of the plaintiff by a trade between him and TI. B. Deaver. On the trial of the said Deaver, for the forgery, the warrant above mentioned was produced,…
1Opinion of the CourtBattle, J.
The question, for the alleged answer to which, the defendants instituted a prosecution for perjury against the plaintiff, was manifestly immaterial, and the enquiry is whether proof, in the present action, that it was false, is sufficient to show a probable cause for the prosecution. What is probable cause is a question of law, to be decided by the court upon the facts, as they may be found by the jury. Beale v. Robinson, 7 Ire. Rep. 280 ; Vickers v. Logan, Busb. Rep. 393. As a guide to the court, it is defined to be “ the existence of circumstances and facts sufficiently strong to excite, in…
2Cited by21 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- State Life Ins. Co. of Ind. v. HardyMississippi Supreme Court · 1940
- Carson v. DoggettSupreme Court of North Carolina · 1950
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Williams v. Boylan-Pearce, Inc.Court of Appeals of North Carolina · 1984
16 more not listed; retrieve them via the Exa API.