Whitehurst v. Ward

Supreme Court of Alabama

Whitehurst v. Ward

12 Ala. 264

CourtSupreme Court of Alabama

DecidedJune 15, 1847

StatusPublished

Cited by4 cases

This text of 12 Ala. 264 (Whitehurst v. Ward) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitehurst v. Ward, 12 Ala. 264 (Ala. 1847).

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Opinion

GOLDTHWAITE, J.

The en'or in this case is clear. The want of probable cause is the essential ingredient in a malicious prosecution, and if the fact is in accordance with the charge, or if the prosecutor had probable cause to believe it to be so, this is a sufficient answer to the action. To this effect are all the text books and decided cases. [3 Steph. Ni. Pri. 2278, and cases there cited.]

Judgment reversed and cause remanded.

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GOLDTHWAITE, J.

The en'or in this case is clear. The want of probable cause is the essential ingredient in a malicious prosecution, and if the fact is in accordance with the charge, or if the prosecutor had probable cause to believe it to be so, this is a sufficient answer to the action. To this effect are all the text books and decided cases. [3 Steph. Ni. Pri. 2278, and cases there cited.]

Judgment reversed and cause remanded.

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Bluebook (online)

12 Ala. 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehurst-v-ward-ala-1847.

Opinion

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