| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1886 - 718 pages
...instituting a criminal prosecution. Snch belief must rest upon reasonable grounds, and be induced by such a state of facts as would lead a man of ordinary prudence and caution to entertain an honest and strong suspicion that the accused is guilty of the... | |
| 1886 - 546 pages
...CAUSE— WHAT CONSTITUTES. — Probable cause upon which to found a prosecution exists only where there is such a state of facts as would lead a man of ordinary caution and prudence to believe and entertain an honest and strong persuasion that the person is guilty. No mere suspicion,... | |
| Melville Madison Bigelow - 1875 - 830 pages
...which he is charged." So, in Bacon ». Towne, 4 Cush. 238, Shaw, CJ, said that probable cause meant such a state of facts as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion that the accused is guilty. In Barron ». Mason,... | |
| United States. Supreme Court - 1879 - 790 pages
...guilty of the offence with which he is charged." Chief Justice Shaw defines it in similar language : " Such a state of facts as would lead a man of ordinary caution to believe, or to entertain an honest and strong suspicion, that the person is guilty." Ulmer v. Leland,... | |
| 1880 - 422 pages
...criminality in the Atalaya can be drawn. A learned judge has said as to probable cause : "There must be such a state of facts as would lead a man of ordinary caution and prudence to believe and entertain an honest and strong suspicion that the person is guilty." (2) (1) Greenleaf... | |
| 1906 - 1122 pages
...opinion quotes from Ulmer v. Leland, 1 Greenl. 135, 10 Am, Dec. 48, the following upon the same subject: "Such a state of facts as would lead a man of ordinary caution to bellevt or to entertain an honest and strong suspicion that the person Is guilty." If the defendants... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1883 - 686 pages
...be malice, and also probable cause, and in that ca-se the action for malicious prosecution can not be maintained. Probable cause is conduct of the accused...of facts -as would lead a man of ordinary caution &nd prudence to entertain a belief of the guilt, but a mere suspicion, or even an honest belief of... | |
| 1892 - 1150 pages
...himself with the matters pertaining to that litigation, and as the result of mich investigation found such a state of facts as would lead a man of ordinary caution and prudence to beHeve that the claim against Tomkins & Co. was meritorious, then he had probable cause for continuing... | |
| 1901 - 1156 pages
...established in civil cases for malicious prosecution or false imprisonment, to the effect that there must be such a state of facts as •would lead a man of ordinary care and prudence to believe or entertain an honest and strong suspicion of guilt, since the degree... | |
| 1885 - 1040 pages
...instituting a criminal prosecution. Such belief must rest upon reasonable grounds, and be induced by such a state of facts as would lead a man of ordinary prudence and caution to entertain an honest and strong suspicion that the accused is guilty of the... | |
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