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 xxi
... proper cause • ( 1 ) Pleadings in former suits between the parties - Letters and account books . ( 2 ) Entries of the public prosecutor may be explained ( 3 ) Want of probable cause not established Evidence of character - Plaintiff may ...
... proper cause • ( 1 ) Pleadings in former suits between the parties - Letters and account books . ( 2 ) Entries of the public prosecutor may be explained ( 3 ) Want of probable cause not established Evidence of character - Plaintiff may ...
Seite xxiii
... proper to mitigate damages ( 2 ) Plaintiff's character in regard to particular traits inadmissible unless involved in the charge against him Plaintiff's bad character competent in mitigation What kind of damages subject to mitigation ...
... proper to mitigate damages ( 2 ) Plaintiff's character in regard to particular traits inadmissible unless involved in the charge against him Plaintiff's bad character competent in mitigation What kind of damages subject to mitigation ...
Seite 3
... proper redress . If his belief proves to be un- founded , his groundless proceedings may possibly cause a very serious injury to the defendant ; the mere assertion of a serious claim at law being capable , in some circumstances , of ...
... proper redress . If his belief proves to be un- founded , his groundless proceedings may possibly cause a very serious injury to the defendant ; the mere assertion of a serious claim at law being capable , in some circumstances , of ...
Seite 7
... proper effect and execution . As every man has a legal right to prosecute his claims in a 1 Harpham v . Whitney , 77 Ill . , ( 1812 ) ; Marshall v . Bussard , Gilmer 32 ( 1875 ) . 2 Stone v . Crocker , 41 Mass . , 81 ( 1832 ) ; Golding ...
... proper effect and execution . As every man has a legal right to prosecute his claims in a 1 Harpham v . Whitney , 77 Ill . , ( 1812 ) ; Marshall v . Bussard , Gilmer 32 ( 1875 ) . 2 Stone v . Crocker , 41 Mass . , 81 ( 1832 ) ; Golding ...
Seite 8
... proper civil remedy is trespass vi et armis as for a direct in- jury wholly unwarranted even in its inception . The terms malicious prosecution or malicious arrest always in law sup- pose regular process and proceedings , but that the ...
... proper civil remedy is trespass vi et armis as for a direct in- jury wholly unwarranted even in its inception . The terms malicious prosecution or malicious arrest always in law sup- pose regular process and proceedings , but that the ...
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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...