Ton v. Stetson

Citations

• 43 Wash. 471
• 86 P. 668
• 1906 Wash. LEXIS 730

Syllabus

<p>Malicious Prosecution — Probable Cause — Inference of Malice. In an action for malicious prosecution, the law does not necessarily impute malice from proof sufficient to make out a prima facie case of want of prohable cause.</p> <p>Same — Malice—Evidence—Sufficiency. Evidence is insufficient to show malice in swearing out a search warrant to search plaintiff’s house for a shotgun and other personal property that had been stolen at a fire of a mill, at which the plaintiff had worked and had assisted in fighting the fire, where the plaintiff quit his employment without explanation, and where the defendant was not personally acquainted with the plaintiff, and had directed that he wished no one arrested but simply wanted to find his property.</p> <p>Same — Liability—Unauthorized Acts of Officers in Executing Search Warrant — False Imprisonment. One who swears out a search warrant for the search of plaintiff’s house, to recover stolen property suspected to be concealed therein, is not liable for malicious prosecution, where no search of the house was ever made, and the plaintiff’s arrest and incarceration was wrongfully effected by the officers before executing the warrant, and without any direction so to do, or any approval thereof by the defendant; since the officers were guilty of a false imprisonment for which they alone would he liable.</p>