Russell v. Chamberlain

Citations

• 12 Idaho 299
• 85 P. 926
• 1906 Ida. LEXIS 48

Syllabus

<p>Malicious Prosecution — Defendants .Joined — Want of Probable Cause and Malice — Allegations of Complaint — Demurrer.</p> <p>1. It is not necessary in an action for malicious prosecution to allege that all of the defendants combined in instituting the proceedings complained of. If, after the proceedings were commenced, they, without probable cause and with malice, participate voluntarily in the prosecution, they may be joined in an action as defendants with the person or persons who instituted the action.</p> <p>2. Want of probable cause and malice must coexist,</p> <p>3. Actions for malicious prosecutions are not favored in law and have been hedged about by limitations more stringent than” in many other acts causing damage to another.</p> <p>4. Held, that the complaint states a cause of action and that the court erred in sustaining the demurrers thereto.</p> <p>(Syllabus by the court.)</p>