Mosley v. Yearwood
Supreme Court of Louisiana
A PPEAL from the Second Judicial District Court for the Parish of Bienville. Watkins, J. Defendants can not justify their acts by a mere belief- in the guilt of the accusedsimply belief in his guilt will not shield them. If they act on information received they take the risk of the truthfulness of the information on themselves. 33 An. 392; 36 An. 378, 103; 41 An. 303, 51; 47 An., p. 254; 15 An. 492, 166, and Amer. and Eng.
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A PPEAL from the Second Judicial District Court for the Parish of Bienville. Watkins, J. Defendants can not justify their acts by a mere belief- in the guilt of the accusedsimply belief in his guilt will not shield them. If they act on information received they take the risk of the truthfulness of the information on themselves. 33 An. 392; 36 An. 378, 103; 41 An. 303, 51; 47 An., p. 254; 15 An. 492, 166, and Amer. and Eng. Ency. of Law, Yol. 13, pp. 402, 303; Vol. 14, pp. 26, 75. Acting on the advice of counsel can not protect the defendant in every case, and how far this protection is a…
1Opinion of the Court
The opinion of the court was delivered by
McEnbry, J.
This is a suit by plaintiff against defendants for malicious prosecution, to recover the sum. of seventy-five hundred dollars as damages. The petition charges slander, libel, defamation, false imprisonment, all ending in the final accusation of malicious prosecution.
*336The defendants answered with a general denial, and specially pleaded that they honestly believed, and had good reason to believe, that the accusation was true; and that their prosecution of the defendant was a bona fide proceeding, without malice, in order to bring to justice the…
2Cases cited6 opinions
- Boyd v. CrossCourt of Appeals of Maryland · 1872
- Cooper v. UtterbachCourt of Appeals of Maryland · 1873
- Stone v. StevensSupreme Court of Connecticut · 1837
- Miller v. MilliganNew York Supreme Court · 1866
- Murray v. LongNew York Supreme Court · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Eusant v. Unity Industrial Life Ins., Etc., Ass'nSupreme Court of Louisiana · 1940
- Blanchard v. Employers Liability Assurance Corp.Louisiana Court of Appeal · 1967
- Covington v. RobersonSupreme Court of Louisiana · 1903
- O'Malley v. WhitakerSupreme Court of Louisiana · 1907
- Graham v. Interstate Electric Co.Supreme Court of Louisiana · 1930
5 more not listed; retrieve them via the Exa API.