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
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Seite xvii
... commenced ( 3 ) What is not end of the prosecution The means by which the end of the prosecution is accomplished By a nolle prosequi · Effect of the entry of a nolle prosequi When it is a sufficient termination of the proceedings ( 1 ) ...
... commenced ( 3 ) What is not end of the prosecution The means by which the end of the prosecution is accomplished By a nolle prosequi · Effect of the entry of a nolle prosequi When it is a sufficient termination of the proceedings ( 1 ) ...
Seite 17
... commenced by defendants without probable cause , yet you will find your verdict for the defendants unless you further find from the evidence that the defendants commenced and continued the prosecution against the plaintiff maliciously ...
... commenced by defendants without probable cause , yet you will find your verdict for the defendants unless you further find from the evidence that the defendants commenced and continued the prosecution against the plaintiff maliciously ...
Seite 18
... commenced and continued the prosecution mali- ciously . If he proved that it was either so commenced or continued by them , it would be sufficient to support his case under the pleadings and evi- dence . The instruction in question ...
... commenced and continued the prosecution mali- ciously . If he proved that it was either so commenced or continued by them , it would be sufficient to support his case under the pleadings and evi- dence . The instruction in question ...
Seite 21
... commence prosecutions , when , if they fail , they may be sub- jected to the expense of litigation , if they be not muloted in damages . Anciently it was doubted whether such action would lie unless in a case of conspiracy . But it ...
... commence prosecutions , when , if they fail , they may be sub- jected to the expense of litigation , if they be not muloted in damages . Anciently it was doubted whether such action would lie unless in a case of conspiracy . But it ...
Seite 23
... commenced the suit alleged to be malicious knew that there was no cause of action , and , knowing this , " dishonestly and with some sinister view , for some purpose of their own , or for some other ill purpose which the law calls ...
... commenced the suit alleged to be malicious knew that there was no cause of action , and , knowing this , " dishonestly and with some sinister view , for some purpose of their own , or for some other ill purpose which the law calls ...
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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...