Pullen v. Glidden
Supreme Judicial Court of Maine
On EXCEPTIONS. Case for malicious prosecution. The defendant made complaint for forgery against the plaintiff before a magistrate, on which the plaintiff was arrested, and after examination acquitted and discharged from arrest.
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On EXCEPTIONS. Case for malicious prosecution. The defendant made complaint for forgery against the plaintiff before a magistrate, on which the plaintiff was arrested, and after examination acquitted and discharged from arrest. The plaintiff thereupon brought this action, on the trial of which the presiding justice, upon request of the plaintiff’s counsel, instructed the jury that there was no probable cause for the prosecution. ' He further charged as appears in the opinion. The verdict was for the defendant; and the plaintiff alleged exceptions. I. The charge requires malice in its popular…
1Opinion of the CourtLibbey, J.
This is an action for malicious prosecution. The presiding judge instructed the jury that there was not probable cause for the prosecution. Upon the question of malice he instructed the jury as follows : “In regard to the other branch of the case necessary to be established'by the plaintiff, it is that there was malice; that the prosecution was malicious; now what is malice ? There are several kinds of malice ; but the two kinds of malice that may perhaps be considered in this charge are malice in law and malice in fact. Now what is malice in law ? Malice in law is such malice as is inferred…
2Cases cited1 opinion
- Mitchell v. WallMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Nyer v. CarterSupreme Judicial Court of Maine · 1977
- Connelly v. WhiteSupreme Court of Iowa · 1904
- Downing v. . StoneSupreme Court of North Carolina · 1910
- Gee v. CulverOregon Supreme Court · 1886
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