Cap v. K-Mart Discount Stores, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a conviction by the justice of peace reversed on appeal does not preclude action for malicious prosecution even without undue influence in the proceedings
• holding that a cause of action for malicious prosecution “is not complete until there is a successful vindication in favor of the accused”
• holding that conviction by a justice of the peace reversed on appeal does not preclude action for malicious prosecution even without any showing of undue influence in the process
• finding that conviction reversed on appeal was not sufficient proof of probable cause to defeat action for malicious prosecution
• disagreeing with Lynn v. Smith and holding that conviction for summary offense before justice of the peace was not conclusive evidence of probable cause
• disagreeing with Lynn v. Smith and holding that conviction for summary offense before justice of the peace was not conclusive evidence of probable cause

Source: CourtListener parenthetical corpus (CC0).