Womack v. Fudikar
Supreme Court of Louisiana
Madison, J. ad hoc. PPEAL from the Fifth District Court, Parish of Ouachita. The use of criminal process to enforce a civil claim is an intolerable abuse even when the claim exists. Malice may be inferred from want of probable cause. The wanton and causeless injury of an individual is in itself a malicious act.
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Madison, J. ad hoc. PPEAL from the Fifth District Court, Parish of Ouachita. The use of criminal process to enforce a civil claim is an intolerable abuse even when the claim exists. Malice may be inferred from want of probable cause. The wanton and causeless injury of an individual is in itself a malicious act. Connell vs. Michel, 6 An. 578; American Digest (1893), p. 3103, Nos. 35, 37, 38. Probable cause depends not upon the facts as they existed at the time, but upon the honest and reasonable belief of the party prosecuting. 2 Greenleaf on Evidence, Secs. 449, 455; 10 An. 537; 12 An. 53,…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The plaintiff, a farmer, sues the defendant, a merchant, for damages for an alleged malicious prosecution.
His grievance upon which he bases his claim consists in that he bought goods of the defendant merchant amounting to about sixty ■dollars, including a barrel of syrup, for which he paid eight dollars.
A week or two after he had bought these goods, he came from his home to Monroe, a distance of about fourteen miles.
He brought with him in a flask a sample of the syrup to see if the defendant would take it back, as it was of inferior quality.
Th…
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