 | Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 870 pages
...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...in neither case is he liable to this kind of action (a). After a verdict, the presumption is, that such parts of the declaration, without proof of which... | |
 | Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817 - 872 pages
...' implied. >°ONE From the most express malice, the want of probable cause 'g'»»t , . ... SUTTON, cannot be implied. A man, from a malicious motive,...in neither case is he liable to this kind of action (a). After a verdict, the presumption is, that such parts of the declaration, without proof of which... | |
 | Samuel March Phillipps - Evidence (Law) - 1822 - 600 pages
...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 is he liable to this kind of action. (2) The question of probable cause is a mixed proposition of law and fact. Whether the circumstances,... | |
 | Samuel March Phillipps - Evidence (Law) - 1823 - 554 pages
...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 is he liable to this kind of action.(l) The question of probable cause is a mixed proposition of law and fact. Whether the circumstances,... | |
 | Charles Bingham Penrose, Pennsylvania. Supreme Court, Frederick Watts, William Rawle - Law reports, digest, etc - 1830 - 552 pages
...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 it there must be express malice, without any colour of cause. Holt 4. 0 Mod,... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1833 - 660 pages
...considered, that — " a man, from a mah'cious motive, may take up a prosecution for real guilt, or he imyt from circumstances which he really believes, proceed...neither case is he liable to this kind of action." It is settled in this Court, that the matter alleged in relation tot-he juror, if established by due... | |
 | Law - 1834 - 614 pages
...prosecution for real guilt, or he may .i i. • n .-....,-' . ..• i •• ,, V 1 .•'••. - • • from circumstances, which he really believes, proceed...; and in neither case is he liable to this kind of action."1 What difference can his belief make, if there is only one question, whether legally speaking... | |
 | William Selwyn - Nisi prius - 1838 - 838 pages
...a prosecution for real guilt, or he may, 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, I TR 544, 5. " The question of probable cause is a mixed proposition of law and... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...probable cause cannot be Pr"bable C!WSCimplied. A man, from a malicious motive, may take up a malicious prosecution for real guilt, or he may, from circumstances...neither case is he liable to this kind of action. " After a verdict, the presumption is, that such parts of the declaration, After verdict without proof... | |
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... proved, and cannot be implied. From the want of 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. A man, from a... 
