Legal Opinion

Falkner v. Almon

Court of Appeals of North Carolina

Decided August 7, 1974No. 7419SC452PublishedCited by 5 opinions

1Opinion of the Court

BROCK, Chief Judge.

To establish a cause of action for malicious prosecution, plaintiff had the burden of proof to show: (1) that defendant instituted or procured the institution of a criminal proceeding against her; (2) that the prosecution of the criminal proceeding against her was without probable cause; (3) that the prosecution was with malice; and (4) that the prosecution was terminated in her favor. Mooney v. Mull, 216 N.C. 410, 5 S.E. 2d 122.

Want of probable cause is a necessary element of malicious prosecution. The question or lack of probable cause must be determined in accordance…

2Cases cited4 opinions

  1. Mooney v. . MullSupreme Court of North Carolina · 1939
  2. Bryant v. MurraySupreme Court of North Carolina · 1953
  3. Mitchem v. National Weaving Co.Supreme Court of North Carolina · 1936
  4. Priddy v. Cook's United Department StoreCourt of Appeals of North Carolina · 1973

3Cited by5 opinions

  1. Myrick v. CooleyCourt of Appeals of North Carolina · 1988
  2. Deaton v. LeathSupreme Court of South Carolina · 1983
  3. Denning v. LeeCourt of Appeals of North Carolina · 1978
  4. Deaton v. LeathSupreme Court of South Carolina · 1983
  5. Myrick v. CooleyCourt of Appeals of North Carolina · 1988

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