Recovery in actions for malicious prosecution shall not be confined to the actual damage sustained by the accused but shall be regulated by the circumstances of each case.
(Orig. Code 1863, § 2928; Code 1868, § 2935; Code 1873, § 2986; Code 1882, § 2986; Civil Code 1895, § 3847; Civil Code 1910, § 4443; Code 1933, § 105-808.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 52 Am. Jur. 2d, Malicious Prosecution, § 109 et seq.
C.J.S.- 54 C.J.S., Malicious Prosecution, §§ 148 et seq.
ALR.
- Expense of litigation, other than taxable costs, as basis of separate action against party to former suit, 39 A.L.R. 1218.
Attorneys' fees as element of damages in action for false imprisonment or arrest, or for malicious prosecution, 21 A.L.R.3d 1068.
Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 A.L.R.4th 441.
Excessiveness or inadequacy of compensatory damages for malicious prosecution, 50 A.L.R.4th 843.
Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 A.L.R.5th 195.
ARTICLE 4 DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING OR FILM PIRACY