Decoux v. Lieux
Supreme Court of Louisiana
APPEAL from the Fifteenth Judicial District Court, parish of Pointe Coupée. Toist, J. In actions for malicious prosecution the burden of proof is on plaintiff to show both the want of probable cause and malice. Malice is presumed from the want of probable cause. Hennen Dig., p. 823, No. 6. Malice in law means an act done wrongfully and without reasonable and probable canse, and not, as in common parlance, an act dictated by angry feeling or vindictive motives.
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APPEAL from the Fifteenth Judicial District Court, parish of Pointe Coupée. Toist, J. In actions for malicious prosecution the burden of proof is on plaintiff to show both the want of probable cause and malice. Malice is presumed from the want of probable cause. Hennen Dig., p. 823, No. 6. Malice in law means an act done wrongfully and without reasonable and probable canse, and not, as in common parlance, an act dictated by angry feeling or vindictive motives. Jones vs. Nicholls, 3 Moore & Payne, 12. Probable cause is a reasonable ground of suspicion supported by circumstances sufficiently…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This is a suit for damages for a malicious prosecution.
The following is a summarized statement of' the facts.
Lieux had made a contract to furnish necessary supplies to one Patin to raise a crop on land cultivated by the latter in 1878, and advanced under said contract sixty-one dollars and forty-six cents, when, on his refusing to make further advances in the mode and to the extent desired by Patin, the latter applied to Mrs. E. L. Decoux, the wife of plaintiff, who also kept a store, and made with her another contract for advances under…
2Cases cited1 opinion
- Faris v. StarkeCourt of Appeals of Kentucky · 1842
3Cited by3 opinions
- Bladg v. GiacominoSupreme Court of Louisiana · 1930
- Buchert v. SchumacherSupreme Court of Louisiana · 1928
- Usner v. StrobachLouisiana Court of Appeal · 1991