Levy v. Brannan

Citations

• 39 Cal. 485
• 1870 Cal. LEXIS 83

Syllabus

<p>Malicious Peoseoution.—Malice. —In actions for a malicious prosecution, actual malice must ha proved as a fact to the jury.</p> <p>Idem.—Advice of Counsel.—In such actions the defendant may rebut the evidence of the plaintiff touching the want of probable cause, by showing that he acted in good faith, under the advice of counsel, after a fair and full statement of the facts of the case.</p> <p>Idem. — Pleading.'—Such evidence is directly responsive to the evidence on the part of the plaintiff tending to show the want of probable cause, and does not constitute new matter within the sense of the Code.</p> <p>Misconduct of the Juror.—To induce a portion of the jurors to assent to a verdict of SI,500 instead of SI,000, by drawing lots, is misconduct on the part of the jury, for which the verdict should he set aside.</p> <p>Police Judgeof San Ebanoisoo. — The Police Judgeof San Francisco is vested by the statute with the powers of a Magistrate.</p>