 | Great Britain. Court of King's Bench, Charles Durnford - Law reports, digests, etc - 1817 - 872 pages
...illegal. This kind of action is for a prosecution, which, upon the stating of it, is manifestly legal. The essential ground of this action is, that a legal...prosecution was carried on .without a probable cause. We say ihis is emphatically the essential ground ; because every other allegation may be implied from this... | |
 | Anthony Hammond - Law reports, digests, etc - 1819 - 618 pages
...the proof of the want of probable cause* The essential ground of an action for malicious prosecution is, that a legal prosecution was carried on without a probable cause. Every other allegation may be implied from this ; but this must be substantially and expressly proved,... | |
 | Sir John Comyns - Digests, etc - 1822 - 604 pages
...probable cause. 1 Mars. 12. 5 Taunt. 187. The essential ground of an action for malicious prosecution is, that a legal prosecution was carried on without a probable cause. Every other allegation may be implied from this ; but this must be substantially and expressly proved,... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1828 - 452 pages
...the rejection of evidence offered by the defendant as to the plaintiff's character. 1. The principal ground of this action is, that a legal prosecution was carried on without a probable cause, and this must be expressly proved, and cannot be implied; but when this is established, malice is generally... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 850 pages
...immaterial. According to the opinion of Lords Mansfield and Loughborough in Johnstons v. Suit-on, 1 TR 544, " The essential ground of this action is that a legal...allegation may be implied from this ; but this must be substantially and expressly proved, and cannot be implied." In Taylor v. Willans, the motive of the... | |
 | Great Britain. Court of Common Pleas, John Scott - Law reports, digests, etc - 1841 - 814 pages
...immaterial. According to the opinion of Lords Mansfield and Loughborough in Johnstone v. Button, 1 TR 544, " The essential ground of this action is that a legal...prosecution was carried on without a probable cause. \Ve say this is emphatically the essential ground; because every other allegation may be implied from... | |
 | William Selwyn - Nisi prius - 1842 - 822 pages
...circumstance of defendant, who had commenced a prosecution, having neglected to prefer a bill of indictment. " The essential ground of this action is, that a legal prosecution was carried on without probable cause. We say this emphatically, because every other allegation may be implied from this ;... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 998 pages
...which, '".' ."' . } ° ' Distinction beupon the stating of it, is manifestly legal. tween an action "The essential ground of this action is, that a legal prosecution was of trespass or carried on without a probable cause. We say this emphatically — the mcnt'^rorn an"... | |
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1858 - 568 pages
...Button, 1 TR 544, is essential. Those learned judges say : " The essential ground of this action, (a) is, that a legal prosecution was carried on without...a probable cause. We say this is emphatically the (a) For a malicious protecution. *548] essential ground ; because every other allegation may be implied... | |
| |
The essential ground of this action is, that a legal prosecution was carried on without a probable cause. ' We say this is emphatically the essential ground, because every other allegation may be implied from this; but this must be substantially and expressly... 
