Malicious Arrest – Causing an arrest by maliciously bringing a suit upon false charges, or maliciously making a false affidavit

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malicious arrest:
( 18c)

1. An arrest made without probable cause and for an improper purpose; especially, an abuse of process by which a person procures the arrest (and often the imprisonment) of another by means of judicial process, without any reasonable cause.  *  Malicious arrest can be grounds for an action for abuse of process, false imprisonment, or malicious prosecution. [1]

1. The term applied where the arrest on which an action for malicious prosecution is based was under civil, not criminal, process; an action not essentially different from an action for malicious prosecution. Waters v Winn, 142 Ga 138, 82 SE 537.

Causing an arrest by maliciously bringing a suit upon false charges, or maliciously making a false affidavit. Everett v. Henderson, 146 Mass 89, 14 NE 932. [2]

1. A form of malicious prosecution. [3]







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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[43:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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