Gregory v. Thomas
| Decision Date | 01 January 1811 |
| Citation | 5 Ky. 286 |
| Parties | Gregory <I>vs.</I> Thomas. |
| Court | Kentucky Court of Appeals |
THIS was an action on the case brought by Gregory against Thomas, in the Washington circuit court, for a malicious prosecution, instituted by Thomas against him, for stealing a ploughshare.
On the trial of the cause, the court permitted the defendant (under a plea of probable cause) to prove any particular charge or imputation of theft of any kind, which had been committed by the plaintiff at any period of his life, though unconnected in circumstances with any matter of fact specially alleged in the pleadings.
It will be only necessary to inquire, how far such evidence was legal.
It is a general rule, that in all cases where general character or behaviour is put in issue, evidence of particular facts may be admitted, but not where it comes in collaterally — Esp. N. P. 788.
If the general character of the plaintiff in this cause was not in issue, it was improper in the court to permit the inquiry to extend further than to his general character. Every man may be supposed capable of supporting his general character, but we cannot presume him always ready to answer particular facts, unless he has had notice, by their being specially set forth in the plea, or by having his general character put in issue, which will be considered as notice. The defendant hath set forth in his plea, what causes and grounds of suspicion he had to prosecute the plaintiff: these causes and grounds are properly confined to circumstances connected with the particular charge; the evidence therefore to support them must be special, and confined to the particular facts put in issue. We cannot suppose, when the whole defence (as in this case) arises from the proof of particular facts, the general character is put in issue.
We therefore think the court ought not to have permitted the inquiry to have extended further than to the plaintiff's general character.
Wherefore it is considered by the court, that the judgment of the circuit court be reversed, and the verdict of the jury set aside; and that the cause be remanded to said court, for a new trial to be had not inconsistent with the foregoing opinion.
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