The criminal prosecution forming the basis for an action for malicious prosecution must be ended before the right of action for malicious prosecution accrues.
(Orig. Code 1863, § 2931; Code 1868, § 2938; Code 1873, § 2989; Code 1882, § 2989; Civil Code 1895, § 3850; Civil Code 1910, § 4446; Code 1933, § 105-806.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Malicious Prosecution, § 6 et seq.
C.J.S.- 54 C.J.S., Malicious Prosecution, §§ 5 et seq., 89 et seq.
ALR.
- Unreversed conviction as conclusive in action for malicious prosecution, 69 A.L.R. 1062.
Discontinuance of prosecution because of defendant's failure to submit himself to jurisdiction as termination necessary to support action for malicious prosecution, 128 A.L.R. 929.
Dismissal by magistrate or other inferior court for lack or insufficiency of evidence as a final termination of prosecution as regards action for malicious prosecution, 135 A.L.R. 784.
Discharge in habeas corpus proceedings as constituting favorable termination of criminal proceedings requisite to maintenance of malicious prosecution action, 30 A.L.R.2d 1128.
Admissibility and permissible use, in malicious prosecution action, of documentary evidence showing that prior criminal proceedings against instant plaintiff were terminated in his favor, 57 A.L.R.2d 1086.
When cause of action accrues, for purpose of starting the running of the statute of limitations against an action for malicious prosecution, 87 A.L.R.2d 1047.
Termination of criminal proceedings as result of compromise or settlement of accused's civil liability as precluding malicious prosecution action, 26 A.L.R.4th 565.
Nature of termination of civil action required to satisfy element of favorable termination to support action for malicious prosecution, 30 A.L.R.4th 572.
Construction and application of Federal Tort Claims Act provision (28 USCA § 2680(h)) excepting from coverage claims arising out of false imprisonment, false arrest, malicious prosecution, or abuse of process, 152 A.L.R. Fed. 605.