Beebe v. De Baun
Supreme Court of Arkansas
Writ of Error to the Circuit Court of Pulaski County.- This was an action of trespass on the case, for false imprisonment, by James De Baun against Roswell Beebe, determined in the Pulaski Circuit Court, at the October term, 1845, before the Hon. John J. Clendenin, then one of the Circuit Judges.
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Writ of Error to the Circuit Court of Pulaski County.- This was an action of trespass on the case, for false imprisonment, by James De Baun against Roswell Beebe, determined in the Pulaski Circuit Court, at the October term, 1845, before the Hon. John J. Clendenin, then one of the Circuit Judges. There were three counts in the declaration: the first alleging, in substance, that on the 24th day of April, 1843, Beebe falsely, maliciously and without probable cause or just pretence of action against plaintiff, but for the purpose of causing his arrest and imprisonment, commenced an action of…
1Opinion of the CourtJohnsoN, C. J.
It is contended by the counsel for the defendant in error, that the plaintiff instituted his action of replevin, and procured his arrest, from malice and without. probable cause. It is conceded that malice and want of probable cause are both essential requisites to the maintenance of the present suit. A distinction has been taken between the particular form of action adopted, and an action in general terms. The argument is, that the term, probable cause, has an exclusive application to the particular action in which the party is arrested, and that although he may have a clear and…
2Cases cited7 opinions
- Thompson v. ButtonNew York Supreme Court · 1817
- Marshall v. DavisNew York Supreme Court · 1828
- Greenleaf v. QueenSupreme Court of the United States · 1828
- Foster v. GoreeSupreme Court of Alabama · 1843
- Dunham v. WyckoffNew York Supreme Court · 1829
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