Golding v Crowle

JurisdictionEngland & Wales
Judgment Date01 January 1790
Date01 January 1790
CourtCourt of the King's Bench

English Reports Citation: 96 E.R. 782

COURT OF KING'S BENCH.

Golding
and
ers. Crowle

REPORTS of CASES ADJUDGED in the COURT of KING'S BENCH, beginning Michaelmas Term, 25 GEO. 2, ending Trinity Term, 29 and 30 GEO. 2. By JOSEPH SAYER, Serjeant at Law. 1790. [1] michaelmas term, 25 geo. 2, 1751. Sir William Lee, Chief Justice. Sir Martin Wright, Sir Thomas Denison, Sir Michael Foster, Justices. golding vers. crowle. If a bill of indictment have been found a true bill, express malice must be proved in an action for maliciously prosecuting the indictment. Upon a rule to shew cause, why a new trial should not be had, in an action upon the cage, it appeared; that the action was for maliciously prosecuting an indictment for perjury ; that it was proved on the part of the plaintiff, that upon the trial of the indictment he had been acquitted upon the merits; that it was proved on the part of the defendant, that there was probable cause for preferring the indictment; that Denison J. before whom the action was tried, had directed the jury, that upon this evidence they ought to find a verdict for the defendant; and that the verdict was for the plaintiff. The rule was made absolute. [2] And by the Court.-As the direction of the...

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