Lancaster v. McKay
Court of Appeals of Kentucky
Case 86 — PETITION ORDINARY — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. To enable one m maintain an action for malicious prosecution ■witho-ut probable cause of a charge in a court having jurisdiction fa investigate the truth or falsity of the charge, it is indispensable that the accused should have been innocent of the matters charged against him, and that the prosecutor of -the- charges should have had no probable grounds to believe them to be true,…
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Case 86 — PETITION ORDINARY — APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. To enable one m maintain an action for malicious prosecution ■witho-ut probable cause of a charge in a court having jurisdiction fa investigate the truth or falsity of the charge, it is indispensable that the accused should have been innocent of the matters charged against him, and that the prosecutor of -the- charges should have had no probable grounds to believe them to be true, and in preferring and prosecuting the 'charges was actuated by malice. Bell v. Pearcy, 5 Iredell, 841; Threefoot v.…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This is an action by appellee against appellant to recover damages for having maliciously and without probable cause instituted a proceeding in the Jefferson Circuit Court, ■ under section 104, Ky. Statutes, to suspend him from practicing as an attorney for refusing to pay over to *619appellant certain money which had been collected by appellee as his attorney.
The facts out of which this litigation grew, as shown by the pleadings and proof, are about as follows: In 1879 two brothers of appellant, Samuel and Matt Lancester, made an assignment for the…
2Cases cited6 opinions
- Landa v. ObertTexas Supreme Court · 1876
- Heyne v. . BlairNew York Court of Appeals · 1875
- Walker v. CampSupreme Court of Iowa · 1884
- State v. FrySupreme Court of Iowa · 1885
- Whitehurst v. WardSupreme Court of Alabama · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Grau v. ForgeCourt of Appeals of Kentucky · 1919
- Morgan & Pottinger, Attorneys, P.S.C. v. BottsKentucky Supreme Court · 2011
- Duerr v. Ky. & Ind. Bridge & R. R.Court of Appeals of Kentucky · 1909
- Lexington Cab Co. v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1940
- Farmers & Traders Tobacco Warehouse Co. v. GibbonsCourt of Appeals of Kentucky · 1900
6 more not listed; retrieve them via the Exa API.