Sasek v. Triska

<p>Abstract of the Decision.</p> <p>1. Receiving stolen goods-—what can be subject of complaint for. Trees are bought and sold for planting as any other property is bought and sold, and can properly be made the subject-matter of a complaint charging a defendant with receiving stolen property.</p> <p>2. Malicious prosecution, § 74*—when evidence is sufficient to show probable cause and want of malice. In an action by a woman for damages for malicious prosecution of a criminal case for receiving stolen trees, where it appeared that trees similar to those owned by defendants were found on plaintiff’s place and positively identified by the nurseryman who sold them to defendants; that plaintiff’s son claimed to have bought them from a strange man going by in a wagon for about one-seventh of their actual value; that defendants were informed by police officers that plaintiff and her son, whom they had never before seen or heard of had bad reputations, and, acting on their advice, preferred charges against plaintiff, evidence held sufficient to show probable cause and want of malice.</p> <p>3. Malicious prosecution, § 74*—what must he proved in action for. In an action for malicious prosecution, it is essential that malice be shown on the part of the defendant who started the prosecution, and a want of probable cause for believing that the plaintiff was guilty of the offense charged, and want of such probable cause is not shown by the acquittal of the plaintiff.</p>