Carnes v. Atkins Bros.

Citations

• 123 La. 26
• 48 So. 572
• 1909 La. LEXIS 670

Syllabus

<p>1. Prescription — Accrual op Cause op Action-Malicious Prosecution.</p> <p>Where plaintiff combines, in the same action, a claim for damages for the bringing of an alleged malicious civil suit with a claim for damages for an alleged libel, contained in the' pleadings in such suit, the rule that no legal injury results, and hence that no cause and no right of action arises until the determination of such suit, applies equally to both claims, and the prescription of one year begins to run as to both, only when the alleged malicious suit is determined.</p> <p>[Ed. Note. — For other cases, see Limitation of' Actions, Dee. Dig. § 55.*]</p> <p>2. Malicious Prosecution (§ 64*) — Evidence-Burden op Proop.</p> <p>In an action in damages for the bringing of an alleged malicious civil suit and for an alleged libel, contained in the pleadings therein, the burden of proof rests on the plaintiff to> prove want of probable cause and malice, and, where the pertinency and materiality, to the-issues to be decided in the alleged malicious suit, of the language complained of as libelous, depends on a fact, dehors the record, the testimony adduced on behalf of plaintiff must be-strong'enough to overcome that adduced on behalf of defendant, otherwise there can be no recovery.</p> <p>[Ed. Note. — For other cases, see Malicious Prosecution, Dec. Dig. § 64.*]</p> <p>(Syllabus by the Court.)</p>