Holburn v. Neal
Court of Appeals of Kentucky
C^ase. .From the Circuit Court for Fayette County. Action for a malicious prosecution ; verdict, and grounds for a ¡new trial. In a suit &r a malicious prosecution, express proof of malice - in the absence of probable causéis not required; the legal implication will sus tain a verdict. No eonrt can say that a verdict for $250 damages, for an injury to character and liberty, is excessive; or that any sum is so, that is not, per se, evidence of prejudice or corruption.
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C^ase. .From the Circuit Court for Fayette County. Action for a malicious prosecution ; verdict, and grounds for a ¡new trial. In a suit &r a malicious prosecution, express proof of malice - in the absence of probable causéis not required; the legal implication will sus tain a verdict. No eonrt can say that a verdict for $250 damages, for an injury to character and liberty, is excessive; or that any sum is so, that is not, per se, evidence of prejudice or corruption. The character, habits and appearance of a man,and the pub lie opinion about him—tho’ coupled with the fact that a crime was…
1Opinion of the CourtChief Justice Robertson
Neal having obtained a verdict by default against Holburn, in an action on the case, for a malicious prosecution—the Court overruled amotion for a new trial, made on an affidavit, averring that, within a few days after the institution of the suit, Neal had “gone off;” that Holburn supposed, therefore, that the suit had been abandoned; that his counsel had agreed to notify him when, or whether at all, it would be expedient to prepare for defending ■the suit; that the counsel having given no such information, no defence, or preparation, had been made; and also, that Holburn had not been…
2Cited by7 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Raine v. DrasinKentucky Supreme Court · 1981
- Noe v. DavisCourt of Appeals of Kentucky · 1916
- Ross v. KohlerCourt of Appeals of Kentucky · 1915
- Bruce v. TylerIndiana Supreme Court · 1891
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