A Treatise on the Law of Malicious Prosecution, False Imprisonment, and the Abuse of Legal Process: As Administered in the Courts of the United States of America, Including a Discussion of the Law of Malice and Want of Probable Cause, Advice of Counsel, End of Prosecution, EtcCallaghan, 1892 - 645 Seiten |
Im Buch
Ergebnisse 1-5 von 77
Seite 4
... brought in the king's bench . It thus includes actions on the case for breach of a parol un- dertaking , now called assumpsit , and actions based upon a finding and subsequent unlawful conversion of property , now called trover , as ...
... brought in the king's bench . It thus includes actions on the case for breach of a parol un- dertaking , now called assumpsit , and actions based upon a finding and subsequent unlawful conversion of property , now called trover , as ...
Seite 6
... brought from unlawful motives , although founded on good cause . But it is well established that unless want of probable cause and malice concur no damages are recoverable . However blame- worthy was the prosecutor's motives , he cannot ...
... brought from unlawful motives , although founded on good cause . But it is well established that unless want of probable cause and malice concur no damages are recoverable . However blame- worthy was the prosecutor's motives , he cannot ...
Seite 24
... brought an action for malicious prose- cution against the attorneys for suing out the writ , etc. On demurrer to the declaration they were held liable . Caton , J .: " It cannot and ought not to be said , if it be established by proof ...
... brought an action for malicious prose- cution against the attorneys for suing out the writ , etc. On demurrer to the declaration they were held liable . Caton , J .: " It cannot and ought not to be said , if it be established by proof ...
Seite 28
... brought before the justice , the defendant was sworn and testified circumstantially to the commission of the crime . The plaintiff then went into his defense , which consisted of proof to show that the defendant was very infirm at the ...
... brought before the justice , the defendant was sworn and testified circumstantially to the commission of the crime . The plaintiff then went into his defense , which consisted of proof to show that the defendant was very infirm at the ...
Seite 38
... brought and prosecuted in good faith , because , as said in Closson v . Staples , 42 Vt . , 209 : " It is the ordinary and natural consequence of a uniform and well - regu- lated system to which all parties in civil actions are required ...
... brought and prosecuted in good faith , because , as said in Closson v . Staples , 42 Vt . , 209 : " It is the ordinary and natural consequence of a uniform and well - regu- lated system to which all parties in civil actions are required ...
Andere Ausgaben - Alle anzeigen
A Treatise on the Law of Malicious Prosecution, False Imprisonment, and the ... Martin L Newell Keine Leseprobe verfügbar - 2018 |
A Treatise on the Law of Malicious Prosecution, False Imprisonment, and the ... Martin L Newell Keine Leseprobe verfügbar - 2018 |
A Treatise on the Law of Malicious Prosecution, False Imprisonment, and the ... Martin L Newell Keine Leseprobe verfügbar - 2018 |
Häufige Begriffe und Wortgruppen
accused acquitted action for false action for malicious affidavit alleged appear Applications arrest attorney authority bail Barb believe brought an action cause of action charge circumstances cited civil claimed commenced committed common law complaint constable conviction crime criminal prosecution Cush custody defendant defendant's discharge error execution facts false imprisonment felony fendant grand jury Greenl ground guilty habeas corpus held indictment injury insane instituted instructions Iowa issued jail judge judgment judicial jurisdiction justice justify larceny liable magistrate malicious prosecution Mass ment mitigation of damages N. W. Rep ne exeat nolle prosequi offense officer party peace person plaint plaintiff plea Pleadings prison probable cause proceedings procured proof prosecutor prove question recover replevin Reports rule sheriff Smith statute sued sufficient suit supreme court sustained testimony tion Torts trespass trial unlawful verdict void want of probable warrant Wend witness writ wrong
Beliebte Passagen
Seite 397 - The answer of the defendant must contain : "1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. "2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition.
Seite 369 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Seite 271 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Seite 303 - Probable cause is defined as such a state of \facts, in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe, or entertain an honest and strong suspicion that the per•son arrested is guilty.
Seite 132 - But where jurisdiction over the subject-matter is invested by law in the judge, or in the court which he holds, the manner and extent in which the jurisdiction shall be exercised are generally as much questions for his determination as any other questions involved in the case, although upon the correctness of his determination in these particulars the validity of his judgments may depend.
Seite 396 - PLEADING is the statement in a logical and legal form of the facts which constitute the plaintiff's cause of action, or the defendant's ground of defence...
Seite 369 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Seite 144 - This provision of the law is not for the protection or benefit of a malicious or corrupt judge, but for the benefit of the public, whose interest it is that the judges should be at liberty to exercise their functions with independence and without fear of consequences.
Seite 440 - But a judgment recovered in any form of action is still but a security for the original cause of action, until it be made productive in satisfaction to the party ; and therefore till then it cannot operate to change any other collateral concurrent remedy which the party may have.
Seite 227 - ... the court instructs the jury that if they find from the evidence that said ne exeat proceedings were instituted maliciously and without probable cause...