Hibbing v. Hyde
This text of 50 Cal. 206 (Hibbing v. Hyde) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The plaintiff alleges in his complaint that the defendant maliciously, and without probable cause, charged the plaintiff, before a justice of the peace, with having committed the crime of malicious mischief. Plaintiff also alleges that he was tried and found guilty of the crime charged; and this averment he succeeded in proving at the trial of the present action.
In an action for malicious prosecution of a criminal charge, the plaintiff must prove that the prosecution, alleged to have been malicious, has terminated by his acquittal. (Rhodes v. Silvers, 1 Harr. 127; 2 Greenl. Evidence, 252; 1 Hill on Torts, 416; Hilliard, Remedies for Torts, 385.)
Judgment and order affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
50 Cal. 206, 1875 Cal. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hibbing-v-hyde-cal-1875.