Beihofer v. Loeffert
Supreme Court of Pennsylvania
Appeal, No. 121, Oct. T., 1893, by defendants, George Loeffert ánd John Loeffert, from judgment of O. P. No. 1, Allegheny Co., Sept. T., 1891, No. 364, on verdict for plaintiff, Joseph Beihofer. Trespass for malicious prosecution on charge of perjury. At the trial, before Collier, J., it appeared that plaintiff obtained a judgment against defendants for $90.00 for work in excavating a cellar.
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Appeal, No. 121, Oct. T., 1893, by defendants, George Loeffert ánd John Loeffert, from judgment of O. P. No. 1, Allegheny Co., Sept. T., 1891, No. 364, on verdict for plaintiff, Joseph Beihofer. Trespass for malicious prosecution on charge of perjury. At the trial, before Collier, J., it appeared that plaintiff obtained a judgment against defendants for $90.00 for work in excavating a cellar. Defendants after they had paid the amount of the judgment made an information against plaintiff for perjury in connection with the judgment. A warrant was issued, and plaintiff was arrested, but at the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
It is well settled that in an action for malicious prosecution it lies on the plaintiff to show malice and want of probable cause, and that a jury may infer the former from the latter. A discharge by the examining magistrate casts upon the defendant the burden of establishing probable cause, unless it appears in the plaintiff’s testimony. If probable cause is shown it matters not whether the motive of the prosecutor was praiseworthy or malicious. If in good faith he sought, obtained, and honestly followed the advice of competent counsel on a full and fair…
2Cases cited2 opinions
- Brobst v. RuffSupreme Court of Pennsylvania · 1882
- Neall v. HartSupreme Court of Pennsylvania · 1887
3Cited by13 opinions
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- Bryant v. KuntzSuperior Court of Pennsylvania · 1902
- Randall v. Fenton Storage Co.Superior Court of Pennsylvania · 1934
- Bruff v. KendrickSuperior Court of Pennsylvania · 1902
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