35 Md. 194 | Md. | 1872
delivered the opinion of the Court.
This was an action instituted by the appellant against the appellee and the Commercial and Farmers’ National Bank, for malicious prosecution and false imprisonment; the case being tried as for malicious prosecution alone.
All the prayers on the part of the defendants, except the 7th and 8th, were conceded by the plaintiff. He also conceded that the evidence offered by him failed to make any case against the bank; and the Court, by granting the 8th prayer of the defendants, instructed the jury that there was no evidence of malice or want of probable cause as against either of the defendants, for the alleged malicious prosecution, and that, therefore, the plaintiff was not entitled to recover; and as this Court fully concurs in the correctness of that instruction, it becomes unnecessary to examine the questions raised by other prayers, whether offered by plaintiff or defendants.
To have entitled the plaintiff to recover for malicious prosecution, it was incumbent upon him to prove affirmatively, that he had been prosecuted, or that a prosecution had been instigated, by the defendants, or one of them; that such prosecution had terminated in his discharge or exoneration from the. accusation against him; and that such prosecution was both malicious and without probable cause on the part of the defendants. All of these propositions must concur, and be established by the plaintiff, to entitle him to maintain his action. If the evidence adduced be legally insufficient to be submitted to the jury to prove each and all of these elements of the plaintiff’s case, his action could well be pronounced groundless, and the defendant not be called on for his defence.
Malice is a question of fact for the jury, and its existence may be and most generally is inferred from the want of probable cause for the prosecution; but it does not necessarily follow that because there is an absence of probable cause, the defendant must have been actuated by malice. The presumption of malice, resulting from the want of probable cause, is only prima facie, and may be rebutted by the circumstances under which the defendant acted. But from the most express malice, the want of probable cause cannot be implied.
The want of probable cause is a mixed question of law and fact. As to the existence of the facts relied on to constitute the want of probable cause, that is a question for the jury; but what will amount to the want of probable cause in any case, is a question of law for the Court. The jury, in our practice, are always instructed hypothetically as to what constitutes probable cause, or the want of it, leaving to them to find the facts embraced in the hypothesis.
What will amount to such combination of malice and want of probable cause, as will entitle a party to maintain an action, says Chief Justice Tindai.l, (Williams vs. Taylor, 6 Bing., 183,) is so much a matter of fact in each individual case, as to render it impossible to lay down any general rule on the subject; but there ought to be enough to satisfy a reasonable man that the accuser had no ground for proceeding but his desire to injure the accused. Perhaps the most accurate definition of probable cause is that given by Judge Washington, in Munns vs. Dupont, 3 Wash. C. C. Rep., 31, as being such reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves, to warrant a cautious man in believing the party accused to be guilty.
In this case, however innocent the plaintiff may have been of any intention to defraud either the bank or the parties
“In the trial of actions of this nature,” said Judge WashiHXJTOsr, in the case before referred to, “ it is of infinite consequence to mark with precision, the line to which the law will justify the defendant in going, and will punish him if he goes beyond it. On the one hand, public justice and public security require that offenders against the law should be brought to trial, and to punishment, if their guilt be established. Courts and juries, and the law officers, whose duty it is to conduct the prosecution of public offenders, must in most instances, if not in all, proceed upon the information of individuals ; and if these actions are too much encouraged — if the informer acts upon his own responsibility, and is bound to make good his charge at all events, under the penalty of responding in damages to the accused, few will be found bold enough, at so great a risk, to endeavor to promote the public good. The informer can seldom have a full view of the whole ground, and must expect to be frequently disappointed, by evidence which the accused only can furnish. Even if he be possessed of the whole evidence, he may err in judgment; and in many instances a jury may acquit, where to his mind the proofs of guilt were complete.” These observations apply to this, as they do to most of the cases of this character. While the plaintiff may have been entirely innocent of any improper intention in regard to the cheek, the circumstances surround
In closing this opinion, we cannot forbear expressing our entire disapproval of the very loose and imperfect manner in which the bill of exception appears to have been prepared in this case. Instead of incorporating the evidence, or such parts of it as were deemed material to the questions raised by the prayers, in an orderly and intelligible manner, the mere loose, disconnected notes of the evidence, taken by counsel in the course of the trial, were inserted without revision, and without the least reference to order, clearness or brevity. This is a mode of preparing a bill of exception that is not to be tolerated. If cases are of sufficient importance to be brought here for review, it is certainly not too much to exact of counsel that they take proper care in preparing the exceptions. We must express the hope that the Judges in the circuits will strictly enforce the fifth rule for the regulation of appeals, in regard to the manner in which bills of exception shall be prepared. The judgment appealed from will be affirmed. .
Judgment affirmed.
Note. — The counsel for the appellee request the Reporter to state that the bill of exception in the aforegoing case was not submitted to them before it was signed and sealed by Associate Judge Yellott of the Court below, and that they had no knowledge of it whatever until they found the case on the Docket in this Court.