Legal Opinion

Auerbach v. Freeman

Court of Appeals for the D.C. Circuit

Decided February 1, 1915No. 2721PublishedCited by 9 opinions

Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia in an action for malicious prosecution. The Court in the opinion stated the facts as follows: Appeal by tlie defendant, Joseph Auerbach from a judgment in the supreme court of the District in an action for malicious prosecution. The first of the two counts of the declaration alleges that the defendant caused the arrest and prosecution of the plaintiff, William II.

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Hearing on an appeal by the defendant from a judgment of the Supreme Court of the District of Columbia in an action for malicious prosecution. The Court in the opinion stated the facts as follows: Appeal by tlie defendant, Joseph Auerbach from a judgment in the supreme court of the District in an action for malicious prosecution. The first of the two counts of the declaration alleges that the defendant caused the arrest and prosecution of the plaintiff, William II. Freeman, upon the charge of stealing fourteen raincoats, one Panama hat, one suitcase, and four neckties. In the second count it…

1Opinion of the CourtJustice Robb

The question with which we are confronted is whether there was any basis for this action. According to Bouvier, malicious prosecution or malicious arrest import a wanton prosecution or arrest, made without cause, “by a regular process and proceed*179ing. which the facts did not warrant, as appears by the result.” There is a difference between a false imprisonment, which means an imprisonment made without any process whatever, or under color of process wholly illegal. Newell on Malicious Prosecution, p. 8; says: “The terms ‘malicious prosecution’ or ‘malicious arrest’ always in law suppose regular…

2Cases cited3 opinions

  1. Burt v. . SmithNew York Court of Appeals · 1905
  2. Hicks v. BrantleySupreme Court of Georgia · 1897
  3. Lewin v. UzuberCourt of Appeals of Maryland · 1886

3Cited by9 opinions

  1. Honorable Ronald v. Dellums v. James M. Powell, Chief, United States Capitol Police, Jerry v. Wilson, Chief, Metropolitan Police DepartmentCourt of Appeals for the D.C. Circuit · 1977
  2. Frances Rogala v. District of Columbia and Ephriam Williams, Officer, Badge 4357Court of Appeals for the D.C. Circuit · 1999
  3. Melvin v. PenceCourt of Appeals for the D.C. Circuit · 1942
  4. Paton v. RoseDistrict of Columbia Court of Appeals · 1964
  5. Pence v. MelvinDistrict Court, District of Columbia · 1941

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