Legal Opinion

Potter v. Seale

California Supreme Court

Decided July 1, 1857PublishedCited by 31 opinions

Appeal from the District Court of the Fourth Judicial District. The facts of this case are fully stated in the opinion of the Court.

1Opinion of the CourtBurnett, J.

This was an action for a malicious prosecution. In the Court below the plaintiff had judgment, and the defendant appealed. The case was decided by this Court in October, 1855, and the judgment reversed, and the cause remanded. Upon a second trial in the District Court, the plaintiff again recovered, and the defendant again appealed. The case now comes before us with some additional facts, not contained in the previous record.

Public policy and public security alike require that prosecutors should be protected by the law from civil liabilities; except in those cases where the two elements of…

2Cited by31 opinions

  1. Sheldon Appel Co. v. Albert & OlikerCalifornia Supreme Court · 1989
  2. Franzen v. ShenkCalifornia Supreme Court · 1923
  3. Burke v. WattsCalifornia Supreme Court · 1922
  4. Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
  5. Montgomery Ward & Co. v. PhersonSupreme Court of Colorado · 1954

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