Eastin v. Bank of Stockton

Citations

• 66 Cal. 123
• 4 P. 1106
• 1884 Cal. LEXIS 709

Syllabus

<p>Malicious Prosecution-—Probable Cause.—In an action for malicious prosecution, the question whether the facts as found by the jury constitute probable cause should be determined by the court, and not by the jury. Id.—Malicious Prosecution of a Civil Case.—An action may be maintained for the malicious prosecution of a civil action, begun and carried on with malice, and without probable cause, although no process other than a summons was issued in the action complained of.</p> <p>Id.—Damages—Instructions.—In an action for malicious prosecution of a civil case, it is error to instruct the jury that if they find for the plaintiff, they should allow him all that he paid out in the former suit, “both counsel fees and other expenses,” without reference to whether such counsel fees and expenses were reasonable or not.</p>