The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-22
Court OF Common Pleas.
Before Hon. Judge DAILY.
WHAT is A MALICIOUS PRosBcUrIc

WHAT 10 "A fhOohuuTtONt
oot 2o-JOhm Boyer u.s. Adolph Ba~.-This action y
brought TO damages for prosecution alleged b
have been maicousy instituted upon tho complaint or
the defendant The action was brought for two alleged
causes;--
J. suit or proceeding brought by tho defendant be-
lore Justice Van Colt, TO dspossess the plaintiff Of ths
premises, &C., &C., and In which case judgment was
missed. UAA& Ms 'T II. ~
complaint made against him by the defendant a
keong asoreery house, upon which complaint no was
arrested tried before tho Court OF Sessions and
Inc court charged that there be no recovery
brings . civil suit againss another sn nAsx ~. =
maintain n, y not liable % an action for . MAJ
sNts some right or complains OF some injury This =
RIG Vt tst every man possesses and he falls To estab
that be has o. action at the time he bccsms .ns
to the defendant for the costs and expenses OF
the suit, but beyond that there no liability He fas -
his actionN pays the cost and expenses and there an
or having committed offence or crime against ~
public Is yevy different affair from suing man In ev0
consequenccs y loads tho arrest OF tho accused aa1
unless he g,W bail, TO hs incarceration conAas
sn in p,sS1 n - his guilt Or
suffers in his name ARD reputation By being thus dslS
ratey accused, arrested and heM 70 trial upon
TURNS turns gu. hat tnsss mo- no sround Tor A
that not only he innocent but that here no rsa
sonsos Or probable cause for ss:psoDs n 70 30 on
before the community and for ths injury the law gives
an action. The want or absence Of reasonable prob
able cause ground for suspicion warrants tho pre-
sumption that malice prompted the accusation and that
the prosecution set foot by the person making the
charge was what the law calls malicious prosecuioo.
In such prosecution there grounds elements a
damagcl The injury the person by the arrest or i
prisonment Of the body The injury TO Interpolation from
the grave solemn OF the chargs made agansS
him The law protects designed to protect the persea
from moessaton and the character from all calumnioug
attempts by detracon to injure destroy IT, Thus for
any unawfut touching of the person the law gives tn
action If assault and battery false Imprisonment
for deliberate injury to character its action of SANDER
or libel But where the person seized taken by the
action OF assault, false Imprisonment SANDER will lie
for IT, though ID an injury TO the person and affects the
character It's being legal proceeding is protection 70
the magistrate who orders the arrest TO the officer or
constable who makes and to the complainant at who's
instance the machinery Of the law put in m0cn he
acted upon what seemed TO him reasonable and pro-
bable cause for supposing that the accused had
committed the offence for which he is arrested.
But if there want Of probable cause, then the law
implies malicious, mischievous, wanton and wful
tempt to nure, for which gives action. The question
then in this is Vas there probable for the
complaint made by the defendant, rather was there
want Of probable cause2 Probable rcasona-
BILE ground OF suspicion founded upon circumstances su
Gent to warrant prudent in believing be truo.
to whether there reasonable honest
casion of the complaint made by the defendant The
question was not whether the plaintiff guilty limo
cent of the charge preferred against him. that
settled by his acqual. 1t the motive of the de-
PENDANT in making IT. Whether there reasonable and
probable cause to lead him to believe that the PLAINTIFF
kept dsorderly house. Verdict for defendant.