Humphries v. Edwards
Supreme Court of North Carolina
Appeal by plaintiff from Justice, /./at August Term, 1913, of Euthereoed. Action for malicious prosecution. Defendant bad prosecuted tbe plaintiff before a magistrate for an assault upon him, under tbe following circumstances: Plaintiff was son-in-law of one Dycus, tbe latter having formerly rented land from defendant, and so ploughed it that tbe furrows obliterated tbe boundary line between tbe lands wbicb adjoined.
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Appeal by plaintiff from Justice, /./at August Term, 1913, of Euthereoed. Action for malicious prosecution. Defendant bad prosecuted tbe plaintiff before a magistrate for an assault upon him, under tbe following circumstances: Plaintiff was son-in-law of one Dycus, tbe latter having formerly rented land from defendant, and so ploughed it that tbe furrows obliterated tbe boundary line between tbe lands wbicb adjoined. Defendant went witb one Johnson to mark or stake off tbe line again, and broke some slats of a fence to use for stakes. While they were engaged.in “sighting” tbe line, Dycus…
1Opinion of the Court
Walker, J.,
after stating the case: The first question is, whether’ there was any evidence that defendant prosecuted the plaintiff for the assault without probable cause, for in an action of this kind it is necessary to allege and prove malice, a want of probable cause, and the termination of the former suit or proceedings. R. R. v. Hardware Co., 138 N. C., 174.
Malice may be inferred from the absence of probable cause, or may be otherwise established. Johnson v. Chambers, 32 N. C., 287; Kelly v. Traction Co., 132 N. C., 369; Merrell v. Dudley, 139 N. C., 57. And then there is general malice…
2Cases cited23 opinions
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- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
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