Muir v. Hankele

Citations

• 273 Pa. 231
• 116 A. 822
• 1922 Pa. LEXIS 553

Syllabus

<p>Malicious prosecution — Malice—Want of probable cause — Advice of counsel.</p> <p>1. Where a prosecutor submits the facts to his attorney, who advises they are sufficient, and the prosecutor acts thereon in good faith, such advice is a defense to an action for malicious prosecution.</p> <p>Malicious prosecution — Joint tort-feasors — Action against prosecutor and his attorney — Pleading—Practice—Allegata and probata.</p> <p>2. In an action against a prosecutor and his attorney for malicious prosecution, where the statement avers that the prosecutor acted under the advice of his counsel, a statutory demurrer will be sustained.</p> <p>3. Where a joint tort is alleged, it must be proved, and if the proof is only of a tort by one defendant or of separate torts by different defendants, the action cannot be sustained against any of them.</p>