Lacey v. Porter

Citations

• 103 Cal. 597
• 37 P. 635
• 1894 Cal. LEXIS 831

Syllabus

<p>Malicious Prosecution—Probable Cause — Prosecutions of Land Jumpers by Stockholder of Corporation—Threats of Employee. In an action for malicious prosecution, where it appears that the plaintiff belonged to a company of from two to four hundred men which was organized for the purpose of “jumping land,” and a company o£ about fifteen of them, with a four-horse team loaded with lumber, were proceeding to go upon a tract of land owned by a corporation, in which the defendant was a large stockholder, when they were met by the superintendent of the corporation, who stopped them, and thereupon one of the party said that the owners might as well yield peacefully as he had three or four hundred men, and would go on the land, and they returned next day to survey the land, the defendant had probable cause to prosecute such parties for threatening .to enter upon and detain the property by force and violence, and the facts that the threats to occupy the land were made by one of the employees of the company of jumpers, and not by the plaintiff, and that the plaintiff had already selected land on another tract, are immaterial.</p> <p>Id.—Evidence—Declaration of Go-conspirators.—In such action, where it appears that plaintiff was not only a member of the association of jumpers, but was actively participating in what was being done, the admission of testimony showing the acts and declarations of members and employees of the association, of the intention of the association to take possession of the land in which defendant was interested, is proper, although the declarations were made without the plaintiff’s hearing.</p> <p>Id.—Burden of Proof—Want of Probable Cause.—In an action for malicious prosecution, the burden is upon the plaintiff to show affirmatively that there was a want of probable cause.</p> <p>Id.—Actions For Malicious Prosecution Not Favored—Proof Required.—Actions for malicious prosecution are not favored in law, and will be sustained only when it is shown that the