Plummer v. Gheen.
Supreme Court of North Carolina
> From Rowan. J Case. The declaration contained two counts, the first for slanderous words spoken, in charging the Plaintiff with having committed a perjury; the second count was for a malicious prosecution.' The words were proved to have been spoken 5 and in support of the second count, the Plaintiff gave in evidence a State’s warrant, which had been issued against him for perjury, upon the oath of the Defendant, and the record shewing that a hill of indictment, for…
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> From Rowan. J Case. The declaration contained two counts, the first for slanderous words spoken, in charging the Plaintiff with having committed a perjury; the second count was for a malicious prosecution.' The words were proved to have been spoken 5 and in support of the second count, the Plaintiff gave in evidence a State’s warrant, which had been issued against him for perjury, upon the oath of the Defendant, and the record shewing that a hill of indictment, for perjury, had been preferred against the Plaintiff, in Rowan Superior Court, on which the Defendant was marked as prosecutor,…
1Opinion of the Court
Taylor, Chief-Justice.
The most material ground of this action is, that a legal prosecution was carried on against the Plaintiff, without probable cause, and this it was incumbent on him to prove expressly, for it cannot be- implied. Where probable cause is absent, it is usual to imply malice, as well as the knowledge of the Defendant; hut the want of probable cause, cannot be implied from the most express malice. If a man prosecute another, from real guilt, however malicious jhis motives may be, lie is not liable in this action 5 nor is he liable if lie prosecute him from apparent guilt,…
2Cited by9 opinions
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Hanchey v. BrunsonSupreme Court of Alabama · 1911
- Wilkinson v. . WilkinsonSupreme Court of North Carolina · 1912
- Wright v. . HarrisSupreme Court of North Carolina · 1912
- Wright v. HarrisSupreme Court of North Carolina · 1912
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