Hamburg v. Eagleson

Citations

• 116 Wash. 616
• 200 P. 306
• 1921 Wash. LEXIS 971

Syllabus

<p>Malicious Pbosecution (4, 15)—Malice—Evidence—Sufficiency. In an action for malicious prosecution in swearing out a search warrant against a domestic servant and procuring a search of the home of her parents, a directed verdict for defendant was proper, where, the evidence showed that defendant, upon missing a fur, made inquiries at places where she might have left it, without result, but after the search, the defendant recovered the fur from a place she had theretofore visited, and expressing regrets to the servant for having suspected her, their relations were amicably maintained until, the father of. the servant took the latter away and began an action for damages.</p> <p>Same (4)—Malice—Mistake of Officer. Where one acted in good faith and upon probable cause in signing a blank complaint for a search warrant for a lost fur, which the justice of the peace later filled out so as to charge an essentially different offense, the carelessness and mistake of the officer would not establish malice on the part of the complainant.</p>