Gould v. Gardner
Supreme Court of Louisiana
Appeal frofn the Fourth District Court of New Orleans. cited C. C. 1928, § 8, 2294, 1295. Escurix v. Daboval, 13 L. R- 90. Neman v. Chamberlin, 5 Rob. 11G. Edwards v. Turner, 6 Rob. 382. cited Snow v. Allen, 1 Starlrie’s Rep., 2d ed. E. C. L. Rep., 191. Silversides v. Bowley, 1 Moore, 92. Bavinger v. McIntosh, 3 Baru. & Cress, 693. Spences' v. Jacob, 1 Moo. & Mai., 180. George v. Badford, 3 Carr & Payne, 464.
1Opinion of the CourtDunbak, J.
This is an action for damages for a malicious arrest in a civil suit. The case was tired by a Jury, and there was a verdict and judgment for eight thousand nine hundred dollars against the defendants, who have taken this appeal.
On the trial of the cause, the defendants by then- counsel moved the Court to instruct the Jury, “First. That in order to enable the plaintiff to maintain this action against the said defendants, it is necessary for him to prove malice, or that the arrest complained of was made or procured to be made by the said defendants from malicious motives, and without probable…
2Cited by3 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Mullen v. GauseSupreme Court of Louisiana · 1926
- Stephens v. Brown & Root, Inc.District Court, W.D. Louisiana · 1971