Griffis v. . Sellars
Supreme Court of North Carolina
Case for a malicious prosecution, tried before his Honor Judge Saunders, at Orange, on the last Circuit. Plea— Not Guilty.
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Case for a malicious prosecution, tried before his Honor Judge Saunders, at Orange, on the last Circuit. Plea— Not Guilty. On this trial the case was, that the defendant had preferred a charge against the plaintiff, and his brother and mother, for mismarking his, the defendant’s hogs; that it was found a true bill at the November Sessions, 1833, of Orange County Court; and at the ensuing term the plaintiff and his brother were convicted, and the mother acquitted; that the plaintiff and his brother appealed to the Superior Court, where they were acquitted. There was much other testimony on…
1Opinion of the Court
Ruffin, Chief Justice.
The innocence of the plaintiff, and a bad motive in the defendant, though necessary, are not the sole or sufficient grounds of this kind of action. It is the interest of the public that there should be a fair investigation in every case of reasonable suspicion; and therefore the law, upon its policy, denies to one really innocent an action against him who promoted the investigation of a case of proper suspicion. Hence, the declaration must allege, that the prosecution was preferred without any just and reasonable, or, as it is commonly said, probable cause; and of that…
2Cited by15 opinions
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Hatch v. Alamance Railway Co.Supreme Court of North Carolina · 1922
- Hatch v. . R. R.Supreme Court of North Carolina · 1922
- Dickerson v. Atlantic Refining Co.Supreme Court of North Carolina · 1931
- Saunders v. BaldwinSupreme Court of Virginia · 1911
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