Cooper v. Waldron
Supreme Judicial Court of Maine
Exceptions from .the ruling at Nisi Prius of Rice, J. This was an action for an alleged malicious prosecution of a civil suit by this defendant, against the plaintiff, " without any lawful or just cause of action, being guided wholly by wanton malice and a desire to oppress, injure and defraud the plaintiff, and to deprive him of his good name and reputation, and injure him in the estimation of his fellow citizens.”
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Exceptions from .the ruling at Nisi Prius of Rice, J. This was an action for an alleged malicious prosecution of a civil suit by this defendant, against the plaintiff, " without any lawful or just cause of action, being guided wholly by wanton malice and a desire to oppress, injure and defraud the plaintiff, and to deprive him of his good name and reputation, and injure him in the estimation of his fellow citizens.” Under a general leave to amend his writ, the plaintiff filed an additional count, charging the defendant with prosecuting a suit against the plaintiff, to compel him illegally to…
1Opinion of the Court
*81The opinion of the Court was drawn up by
Walton, J.
The plaintiff claims to recover of the defendant for an alleged malicious prosecution of a civil suit. To do so, he must prove that the suit was instituted maliciously and without probable cause. Malice is a question of fact for the jury. Probable cause, upon established facts, is a question of law. If the presiding Judge is of opinion that the facts admitted, or clearly established, are not sufficient to prove a want of probable cause, he must either nonsuit the plaintiff, or direct the jury to find a verdict for the defendant. The better…
2Cited by10 opinions
- Huber v. MillerOregon Supreme Court · 1902
- Fields v. MaloneySupreme Court of Missouri · 1883
- Snyder v. HarperWest Virginia Supreme Court · 1884
- Wilson v. N.Y., N.H. H.R.R. Co.Supreme Court of Rhode Island · 1894
- Scott v. Kona Development Co.Hawaii Supreme Court · 1913
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