Cardival v. Smith
Massachusetts Supreme Judicial Court
Tort. Writ dated November 26, 1869. The declaration alleged that the defendant maliciously and without probable cause procured the arrest of the plaintiff and his holding to bail on a writ returnable to the superior court at September term 1869 that the plaintiff “ duly appeared at said court to which said -writ was returnable; but that the defendant did not appear, well knowing that he had no probable cause to maintain the action against the plaintiff, nor was said writ…
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Tort. Writ dated November 26, 1869. The declaration alleged that the defendant maliciously and without probable cause procured the arrest of the plaintiff and his holding to bail on a writ returnable to the superior court at September term 1869 that the plaintiff “ duly appeared at said court to which said -writ was returnable; but that the defendant did not appear, well knowing that he had no probable cause to maintain the action against the plaintiff, nor was said writ ever returned into the office of the clerk of said court.” The defendant demurred, on the ground that it appeared “ that…
1Opinion of the CourtGray, J.
The general rules of law governing actions for malicious arrest and prosecution have long been well settled. In the words of Lord Camden, “ this is an action for bringing a suit at law; and courts will be cautious how they discourage men from suing; when a party has been maliciously sued and held to bail, malice, and that it was without any probable cause, must be'alleged and proved.” Goslin v. Wilcock, 2 Wils. 302, 307. “ The new action must not be brought before the first be determined ; because till then it cannot appear that the first was unjust.” Bui. N. P. 12.
When the prosecution…
2Cases cited1 opinion
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
3Cited by37 opinions
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- Chervin v. Travelers InsuranceMassachusetts Supreme Judicial Court · 2006
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