Ramsey v. Arrott
Texas Supreme Court
Appeal from Llano. Tried below before the Hon. Jno. 0. Townes. Suit brought by James B. Arrott against W. W. Parks, James 0. Ramsey and William Ramsey on the 24th of April, 1880. On December 12, 1881, the plaintiff filed an amended original petition, and on June 1J, 1884, filed.another amended original petition in which he alleged that the defendants, James C. Ramsey and William Ramsey, maliciously contriving to injure plaintiff, destroy his character, and expose him to…
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Appeal from Llano. Tried below before the Hon. Jno. 0. Townes. Suit brought by James B. Arrott against W. W. Parks, James 0. Ramsey and William Ramsey on the 24th of April, 1880. On December 12, 1881, the plaintiff filed an amended original petition, and on June 1J, 1884, filed.another amended original petition in which he alleged that the defendants, James C. Ramsey and William Ramsey, maliciously contriving to injure plaintiff, destroy his character, and expose him to trouble, cost and charges, did, on or about the 6th day of April, 1880, falsely and maliciously, and without probable cause,…
1Opinion of the Court
Watts, J. Com. App.
To sustain an action to recover damages for a malicious prosecution, the burden is upon the plaintiff to establish the existence of malice in putting the prosecution upon foot, and the want of probable cause for so doing.
The best approved definition of malice, as used in its legal sense, *323is that given in 2 Greenleaf’s Evidence, sec. 453, as follows: “ Any unlawful act, done wilfully and purposely, to the injury of another, is, as against that person, malicious.”
It is often said that malice may be inferred from circumstances; this means that the circumstances attending the…
2Cases cited11 opinions
- Heyne v. . BlairNew York Court of Appeals · 1875
- Krug v. WardIllinois Supreme Court · 1875
- Masten v. DeyoNew York Supreme Court · 1829
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Brown v. RandallSupreme Court of Connecticut · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Richey v. Brookshire Grocery Co.Texas Supreme Court · 1997
- Akin v. DahlTexas Supreme Court · 1983
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Sebastian v. CheneyTexas Supreme Court · 1894
- JC Penney Company v. GilfordCourt of Appeals of Texas · 1967
41 more not listed; retrieve them via the Exa API.