Marshall v. Maddock

Court of Appeals of Kentucky

Marshall v. Maddock

16 Ky. 106

DecidedDecember 6, 1809

StatusPublished

This text of 16 Ky. 106 (Marshall v. Maddock) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marshall v. Maddock, 16 Ky. 106 (Ky. Ct. App. 1809).

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Opinion

Opinion of

the Court.

THE action for malicious prosecution must be supported by the want of probable cause, and by malice, conjoined. The law will infer malice from the want probable cause; but the most vindictive and express malice in the prosecution, apart from the other constituent of the action, will not do.

In the present case, the evidence offered on the part of the appellant, shows probable cause for the prosecution for larceny, by the appellee, complained of, neither does the evidence exhibit any express malice on the the part of the appellant.

Judgment reversed, and new trial ordered.

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Opinion of

the Court.

THE action for malicious prosecution must be supported by the want of probable cause, and by malice, conjoined. The law will infer malice from the want probable cause; but the most vindictive and express malice in the prosecution, apart from the other constituent of the action, will not do.

In the present case, the evidence offered on the part of the appellant, shows probable cause for the prosecution for larceny, by the appellee, complained of, neither does the evidence exhibit any express malice on the the part of the appellant.

Judgment reversed, and new trial ordered.

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Bluebook (online)

16 Ky. 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-maddock-kyctapp-1809.