Coffman v. Shell Petroleum Corp.

As we understand it, this is a suit for damages for malicious prosecution, although one of the parties to this appeal refers to it as a suit for false arrest and malicious prosecution. If we mistake not, there is a difference between the two. Technically, or rather correctly speaking, a suit for false arrest or false imprisonment is the proper action where the aggrieved person is arrested without legal process; but where the process on which the arrest was made is regular on its face, but was sued out maliciously and without probable cause, the remedy of the injured person is an action for…