King v. Erskins

Citations

• 116 La. 480
• 40 So. 844
• 1906 La. LEXIS 518

Syllabus

<p>1. Malicious Prosecution—Limitations.</p> <p>To charge a person with a crime, without actual malice, but also without probable cause, is a quasi offense, the action to recover damages resulting from which is barred by the prescription of one year from the day upon which such damage is sustained; and where there is an interval of time between the date upon which the charge is preferred and that upon which it is made known to the person so charged and to the public by the arrest of such person, the damage is sustained upon, and the prescription begins to run from, the day of the arrest.</p> <p>LEd. Note..—For cases in point, see vol. 33, Cent. Dig. Malicious Prosecution, § 89.]</p> <p>2. Same—Damages—Advice oe Counsel.</p> <p>Defendants in an action for damages for malicious prosecution, though no actual malice is shown, are in no wise protected by the advice of counsel from liability for actual damages, such as expenses incurred, inconvenience suffered, and injury to feelings and character, unless it be clearly shown that all the facts were laid before the counsel and that he actually gave the advice relied on.</p> <p>[Ed. Note.—For cases in point, see vol. 33, Cent. Dig. Malicious Prosecution, § 41.1</p> <p>(Syllabus by the Court.)</p>