Replogle v. Frothingham

Citations

• 16 Pa. Super. 374
• 1901 Pa. Super. LEXIS 80

Syllabus

<p>Malicious prosecution — Probable cause — Province of court and jury.</p> <p>In an action for malicious prosecution, the question as to what circumstances constitute probable cause is for the court; whether they have been shown in a particular case is for the jury.</p> <p>Malicious prosecution — Advice of counsel.</p> <p>Advice of counsel will constitute a defense to an action for malicious prosecution only where it appears that the prosecutor in good faith sought, obtained and honestly followed the advice of competent counsel, on a full and fair statement of all the facts within his knowledge, or which he had reason to believe he was able to prove, and omitted none which with reasonable diligence he could have ascertained and discovered.</p> <p>A prosecutor is not protected by advice of counsel if it appears that he had the plaintiff rearrested after liis discharge in habeas corpus proceedings earlier on the same day, and the fact of such discharge was not communicated to counsel.</p>