Ferguson v. . Arnow
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of December, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made the second Monday of December, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This was an action for malicious prosecution brought by plaintiff, who had been one of several defendants in an action for trespass, in which the defendants herein were plaintiffs and in which they were defeated. The facts, so far as material, are stated in the opinion. An action for malicious…
1Opinion of the CourtEarl, J.
A party who brings an action for malicious prosecution against a plaintiff who has been unsuccessful in a civil action, should not be permitted to recover without very clear and satisfactory proof of all the fundamental facts constituting his case. Such actions should not be encouraged.
The costs awarded to a successful defendant in a civil action are the indemnity which the law gives him for a groundless prosecution. Public policy requires that parties may freely enter the courts to settle their grievances, and that they may do this without imminent exposure to a suit for damages in case of…
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- El Reno Gas & Electric Co. v. SpurgeonSupreme Court of Oklahoma · 1911
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