 | Thomas Lloyd - 1808 - 202 pagina’s
...probable cause, malice may be and most commonly is implied. The knowledge of the defendant is also implied. From the most express malice, the want of probable cause Cannot be implied. Lord Raymond. 253. If A. be indicted of felony and acquited and he has a mind to bring an action, the... | |
 | Samuel March Phillipps - 1822 - 600 pagina’s
...defendant is also implied. But the want of probable cause cannot be implied from the most express malice. A man, from a malicious motive, may take up a prosecution for real guilt ; or, from circumstances which he really believes, he may proceed upon apparent guilt; and in neither case... | |
 | Charles Bingham Penrose, Pennsylvania. Supreme Court, Frederick Watts, William Rawle - 1830 - 552 pagina’s
...no remedy — it is " damnum absque injuria." A man, from a malicious motive, may take upon himself a prosecution for real guilt, or he may from circumstances which he really believes, proceed upon the apparent guilt, and in neither case, is he liable to this kind of action, 6 Mod. 73. To support... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - 1831 - 808 pagina’s
...cause; and although, from the want of probable cause, malice may be, and most commonly is, implied, yet, from the most express malice, the want of probable cause cannot be implied, and both are essential to support the action; and it is for the Jury to find the facts which are evidence... | |
 | 1834 - 614 pagina’s
...question turns exclusively upon the supposed judgment of the defendant. " A man," it is there said, " from a malicious motive, may take up a prosecution for real guilt, or he may .i i. • n .-....,-' . ..• i •• ,, V 1 .•'••. - • • from circumstances, which he really... | |
 | William Selwyn - 1838 - 838 pagina’s
...probable cause, malice may be, and most commonly is, implied. The knowledge of the defendant is also implied. A man, from a malicious motive, may take...from circumstances which he really believes, proceed from apparent guilt ; and in neither case is he liable to this kind of action." Johnstone v. Sutton,... | |
 | Archibald John Stephens - 1842 - 998 pagina’s
...commonly Malice ¡nferr(,a is, implied. The knowledge of the defendant is also implied. from want of " From the most express malice, the want of probable cause cannot be Pr"bable C!WSCimplied. A man, from a malicious motive, may take up a malicious prosecution for real... | |
 | William Selwyn - 1861 - 874 pagina’s
...probable cause, malice may be, and most commonly is, implied. The knowledge of the defendant is also implied. A man, from a malicious motive, may take...from circumstances which he really believes, proceed from apparent guilt; and in neither case is he liable to this kind of action' (y).—"The question... | |
 | Great Britain. Courts - 1872 - 572 pagina’s
...probable cause, malice may be. and most commonly is, implied. The knowledge of the defendant is also implied. From the most express malice, the want of...implied. A man, from a malicious motive, may take up i prosecution for real guilt, or he may, from circumstances which ke really believes, proceed upon... | |
 | 1872 - 854 pagina’s
...is only prima facie, and may be rebutted by the circumstances under which the defendant acted. But from the most express malice, the want of probable cause cannot be implied : Id. The want of probable cause is a mixed question of law and fact As to the existence of the facts... | |
| |
A man from a malicious motive may take up a prosecution for real guilt, or he may from circumstances, which he really believes, proceed upon apparent guilt, and in neither case is he liable to this kind of action. 
