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· 3/14/1861

Wheeler v. Nesbitt

Citations

  • 65 U.S. 544
  • 16 L. Ed. 765
  • 24 How. 544
  • 1860 U.S. LEXIS 433

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “[w]ant of reasonable and probable cause” is an “element in the action for a malicious criminal prosecution”
  • approving definition of \probable cause” as \the existence of such facts and circumstances as would excite ... belief, in a reasonable mind”
  • approving a jury instruction that limited probable cause to “the offence described in the complaint and warrant”
  • “To support an action for malicious prosecution the plaintiff must prove [that the prosecution] finally terminated in his acquittal.”
  • “[I]t is unquestionably true that want of probable cause is evidence of malice.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clifford

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.