Schondorf v. Griffith

Citations

• 13 Pa. Super. 580
• 1900 Pa. Super. LEXIS 206

Syllabus

<p>Malicious prosecution — Proof of malice and probable cause essential.</p> <p>Malice and want of probable cause must be proved in order to entitle a plaintiff to recover damage for a malicious prosecution. These are-essential and must coexist.</p> <p>Evidence — Test of probable cause — Reasonable belief.</p> <p>The question whether or not there was probable cause does not depend-on the actual state of the case in point, of fact. The test is the prosecutor’s-belief of its existence, based, however, upon reasonable grounds.</p> <p>Charge of court — Detached portions.</p> <p>Reversible error will not be inferred from detached portions of the charge which do not convey the court’s meaning as gathered from the-whole charge.</p> <p>Evidence — Malicious prosecution — Probable cause.</p> <p>Where plaintiff in a suit for malicious prosecution had been charged with larceny of a specific amount received on a specific lease, testimony as to what was done as to other leases made by plaintiff as agent for defendant was irrelevant and therefore properly rejected.</p> <p>Appeal — Defective assignment.</p> <p>An assignment of errorto the rulings on evidence is defective when not. based upon an exception.</p>