Krause v. Spiegel

Belcher, C. It is alleged in the complaint in this case that in December, 1887, the defendant appeared before a justice of the peace, and falsely and maliciously, and without reasonable or probable cause, made a verified complaint charging plaintiff “ with having committed slander of and concerning defendant,” and procured the justice to issue a warrant for the arrest of plaintiff upon said charge; that the justice issued the warrant accordingly, and plaintiff was arrested and imprisoned thereunder for six hours, when he was released by the justice upon his own recognizance; that thereafter plaintiff was examined before the justice upon the said charge of slander, and no one appearing to prose[372]cute, he was acquitted and discharged; that the said charge and the arrest of plaintiff thereunder was extensively published by the procurement of defendant, and by reason thereof plaintiff was greatly injured in his business, credit, and reputation; that defendant well knew he had no cause for the arrest of plaintiff, and that be swore to the warrant for the purpose and with the intent of harassing and annoying plaintiff, and that the same did harass and annoy°him; and that by reason of the premises, plaintiff suffered damage in the sum of ten thousand dollars, for which he asked judgment.

The action was commenced more than a year after the alleged discharge of the plaintiff, and the defendant demurred to the complaint, upon the grounds that it did not state facts sufficient to constitute a cause of action; that several causes of action were improperly united; and that each of the causes of action sued upon was barred by the provisions of section 340, subdivision 3, of the Code of Civil Procedure.

The court below ruled that the complaint did not state facts sufficient to constitute a cause of action for malicious prosecution, and that the causes of action stated, so far as they were for false imprisonment and libel, were barred by the provisions of the statute pleaded. The demurrer was accordingly sustained, and the plaintiff declining to amend, judgment was entered that be take nothing by his action, and that defendant recover his costs. From that judgment the plaintiff, appeals.

The only question is, Did the complaint state a cause of action for malicious prosecution?

The rule is general, and supported by all the decisions and text-books upon the subject, that when one maliciously, and without reasonable or probable cause, institutes or prosecutes, in a court having jurisdiction of the matter, a criminal proceeding against another, the proceeding, when terminated in favor of the accused, furnishes the basis for an action for malicious prosecution.