Leong Yau v. Carden

Citations

• 23 Haw. 362
• 1916 Haw. LEXIS 3

Syllabus

<p>Malicious Prosecution — essential elements — pleading.</p> <p>A complaint which, alleges that a criminal proceeding was instituted against the plaintiff by the defendant; that it was done without probable cause and with malice on the part of the defendant; that the proceeding terminated in favor of the plaintiff; and that the plaintiff sustained damage, states a case of malicious prosecution.</p> <p>Same — termination of original proceeding — nolle prosequi.</p> <p>A nolle prosequi, when not entered at the instance or with the consent of the defendant, is a sufficient termination of the proceeding upon which to found a claim for damages for malicious prosecution.</p> <p>Same — liability of prosecuting officers.</p> <p>A public prosecuting officer is not to be held liable in damages for an honest mistake or mere error of judgment in instituting criminal proceedings; but if he proceeds maliciously and without probable cause, he will render himself liable in damages to the party injured.</p>