termination in plaintiffs favor
- termination in plaintiffs favor
-
An end to a criminal prosecution or civil proceeding in favor of he who is the plaintiff in an action for malicious prosecution, however such end is reached, provided the end is such that the prosecutor must institute proceedings anew if he desires to continue further with his purpose of prosecution. 34 Am J1st Mal Pros § 31.
As the word is used in the rule requiring a termination of the prosecution as one of the essential prerequisites of an action for malicious prosecution, a criminal prosecution is "terminated" (1) where there is a verdict of not guilty; (2) where the grand jury ignore a bill; (3) where a nolle prosequi is entered; and (4) where the accused has been discharged from bail or imprisonment. Graves v Scott, 104 Va 372, 51 SE 821.
Ballentine's law dictionary.
Anderson, W.S..
1998.
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