Legal Opinion

Godfrey v. Theodore

Supreme Court of Louisiana

Decided May 15, 1881No. 6834PublishedCited by 8 opinions

APPEAL from the Second Judicial District Court, parish of Jefferson. Pardee, J. First — The proof of malice need not be direct; it may be inferred. 15 An. 605. Second — Where, in legal intendment a prosecutor acted maliciously, there is a right to tbe action for damages. 15 An. 337. Third — In an action for damages for a malicious prosecution, it is shown tbe defendant acted from motives of private interest, and bis prosecution of tbe plaintiff was dismissed, tbe advice of…

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APPEAL from the Second Judicial District Court, parish of Jefferson. Pardee, J. First — The proof of malice need not be direct; it may be inferred. 15 An. 605. Second — Where, in legal intendment a prosecutor acted maliciously, there is a right to tbe action for damages. 15 An. 337. Third — In an action for damages for a malicious prosecution, it is shown tbe defendant acted from motives of private interest, and bis prosecution of tbe plaintiff was dismissed, tbe advice of counsel will not exempt bim from liability. 15 An. 672. Fourth — Where a party was arrested and on examination…

1Opinion of the Court

The opinion of the Court was delivered by

Poché, J.

Plaintiff brings this suit for damages in the sum of $18,500, alleged to have been caused him by a malicious criminal prosecution brought against him'by defendants; and he has appealed from an adverse verdict and judgment.

Our attention is called to the refusal of a new trial by the district judge as prayed for, on the following alleged irregularities:

1st. That the verdict was contrary to the law and the evidence.

2d. Alleged improper conduct of the jury.

First — As to the first ground, we think that the judge in the exercise of his sound…

2Cited by8 opinions

  1. Renz v. Texas & Pacific Railway CompanyLouisiana Court of Appeal · 1962
  2. Hanser v. BieberSupreme Court of Missouri · 1917
  3. Washington v. Lake City Beverage, Inc.Louisiana Court of Appeal · 1978
  4. Covington v. RobersonSupreme Court of Louisiana · 1903
  5. Graham v. Interstate Electric Co.Supreme Court of Louisiana · 1930

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