Teal v. Fissel
United States Circuit Court
At Law.
1Opinion of the CourtBdtleb, J.
To render a prosecutor (one who makes information on which a warrant of arrest for crime is grounded) liable to suit, either in trespass for false imprisonment, or case for malicious prosecution, he must be guilty of some wrong towards the party arrested. The policy of the law forbids that he shall be held responsible except under such circumstances. In an action for malicious prosecution it must appear that he was actuated by malice, without probable cause; and in an action for false imprisonment it must appear that he was guilty of some improper conduct, connecting him with the unlawful…
2Cases cited6 opinions
- Gold v. BissellNew York Supreme Court · 1828
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Rogers v. MullinerNew York Supreme Court · 1831
- Stewart v. HawleyNew York Supreme Court · 1839
- Vredenburgh v. HendricksNew York Supreme Court · 1853
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3Cited by8 opinions
- Gogue v. MacDonaldCalifornia Supreme Court · 1950
- Glen Jean, Lower Loup & D. R. v. Kanawha, Glen Jean & E. R.West Virginia Supreme Court · 1900
- Tavenner v. MoreheadWest Virginia Supreme Court · 1895
- Hamilton v. Pacific Drug Co.Washington Supreme Court · 1914
- Knickerbocker Steamboat Co. v. CusackCourt of Appeals for the Second Circuit · 1905
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