gno.law

Hibbing v. Hyde

California Supreme Court · No. 4215 · 1875-07-01 · Published · 50 Cal. 206 · 1875 Cal. LEXIS 125

WILLIAM HIBBING v. MOSES H. HYDE

Area
civil
Panel
E. W. McKinstry (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — McKinstry

By the Court, McKinstry, J.:

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.

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