Malicious Prosecution, Malicious Prosecution, Or Malicious Arrest4

"Legal Lexicon":
warrant, as appears by the result.
This definition will be analysed by considering: 1. The nature of the prosecution or arrest. 2. Who is liable under it. 3. What are
malice and probable cause. 4. The proceedings. 5. The result of the
prosecution and afterwards, 6. The remedy.
Where the defendant commenced a criminal prosecution wantonly and in
other respects against law, he will be responsible. The prosecution of
a civil suit, when malicious, is a good cause of action, even when there
has been no arrest. But no action lies for commencing a civil action,
though without sufficient cause.
The action lies against the prosecutor and even against a mere
informer, when the proceedings are malicious. But grand jurors are not
liable to an action for a malicious prosecution, for information given
by them to their fellow jurors, on which a prosecution is founded. Such
action lies against a plaintiff in a civil action who maliciously sues
out the writ and prosecutes it but an action does not lie against an
attorney at law for bringing the action, when regularly employed.
There must be malice and want of probable cause.
The Proceedings under which the original prosecution or action was
held, must have been regular, in the ordinary course of justice, and
before a tribunal having power to ascertain the truth or falsity of the
charge, and to punish the supposed offender, the now plaintiff. When
the proceedings are irregular, the prosecutor is a trespasser.
The malicious prosecution or action must be ended, and the plaintiff
must show it was groundless, either by his acquittal or by obtaining a
final judgment in his favor in a civil action.
The remedy for a malicious prosecution is an action on the case to
recover damages for the injury sustained.
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