Chandler v. McPherson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. This was an action at the suit of the plaintiff in error, to recover damages of the defendants for maliciously, and without any reasonable and probable cause, procuring the plaintiff to be indicted for a felony, &c. The cause was tried on the plea of “ not guilty,” with leave to give any special matter in evidence, which might be pleaded in bar — a verdict was returned for the defendants, and thereupon judgment was rendered.
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Writ of Error to the Circuit Court of Randolph. This was an action at the suit of the plaintiff in error, to recover damages of the defendants for maliciously, and without any reasonable and probable cause, procuring the plaintiff to be indicted for a felony, &c. The cause was tried on the plea of “ not guilty,” with leave to give any special matter in evidence, which might be pleaded in bar — a verdict was returned for the defendants, and thereupon judgment was rendered. The plaintiff excepted to the ruling of the court. It appears from the bill of exceptions, that the plaintiff introduced…
1Opinion of the CourtCollier, C. J.
It is said that two things are essential to the maintenance of the action for a malicious prosecution, and must always concur, viz : malice and want of probable cause; for if there be no malice, though there be no probable cause, yet no action lies. If there was no malice and no probable cause, the defendant was merely mistaken in causing the prosecution to be instituted. [2 Dane’s Ab. 723, 724, 728, and cases there cited; 2 Saund on Plead. & Ev. 654, 659, 662.]
In Lindsey v. Larned, 17 Mass. Rep. 190, the court said, that malice is a necessary ingredient in an action of this nature. There…
2Cases cited3 opinions
- Murray v. LongNew York Supreme Court · 1828
- White v. DingleyMassachusetts Supreme Judicial Court · 1808
- Bennett v. BlackSupreme Court of Alabama · 1827
3Cited by14 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Ewing v. SanfordSupreme Court of Alabama · 1851
- Shaul v. BrownSupreme Court of Iowa · 1869
- Steed v. KnowlesSupreme Court of Alabama · 1885
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