Brelet v. Mullen
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. _ 1. The principle that proof of both want of probable cause and malice must concur in suits for damages for malicious prosecution has its strictest application only in cases where the prosecution was of a public character and into which there entered none of the elements of private interest. 2. Malice is presumed where there is a total want of probable cause. 33 An. 392; 15 An. 421; 9 An. 219; 4 An.…
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. _ 1. The principle that proof of both want of probable cause and malice must concur in suits for damages for malicious prosecution has its strictest application only in cases where the prosecution was of a public character and into which there entered none of the elements of private interest. 2. Malice is presumed where there is a total want of probable cause. 33 An. 392; 15 An. 421; 9 An. 219; 4 An. 377. 3. Where there is a total want of probable cause and where a party acts from motives of private interest, the advice…
1Opinion of the Court
The opinion of the conrt was delivered by
Bermudez, O. J.
This is a suit in damages for malicious arrest and prosecution, for $5000.
The petition contains the usual charges of malicious arrest and prosecution without probable cause, discharged after trial and injury sustained; and the answer is a denegation of the averments.
Prom a judgment for $250 by the judge the defendant appeals, and the plaintiff, on appeal, asks an increase to the amount originally claimed.
It appears that in 1883 a city ordinance was passed, in pursuance of which the side of the revetment levee, at the West End, not…
2Cited by7 opinions
- Covington v. RobersonSupreme Court of Louisiana · 1903
- Kenner v. MilnerLouisiana Court of Appeal · 1939
- Lang v. DeLucaSupreme Court of Louisiana · 1902
- Mullen v. GauseSupreme Court of Louisiana · 1926
- Lebovitch v. Joseph Levy & Bros.Supreme Court of Louisiana · 1911
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