Gibbs v. Ames
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant falsely, maliciously, wilfully and wrongfully prosecuted the female plaintiff, and falsely charged her with the crime of larceny of bonds, to the value of six thousand dollars, and of other personal property, the property of the defendant; and wrongfully and maliciously removed her by force from the State of Maine, and caused her to be removed, she being at the time about to be confined in child-bed, and wrongfully imprisoned,…
Read the full summary
Tort. The declaration alleged that the defendant falsely, maliciously, wilfully and wrongfully prosecuted the female plaintiff, and falsely charged her with the crime of larceny of bonds, to the value of six thousand dollars, and of other personal property, the property of the defendant; and wrongfully and maliciously removed her by force from the State of Maine, and caused her to be removed, she being at the time about to be confined in child-bed, and wrongfully imprisoned, and caused her to be imprisoned for more than ten days, expecting every moment to be confined in childbirth, and the…
1Opinion of the CourtWells, J.
The female plaintiff was brought before a trial justice upon a criminal charge. She was required to plead to the complaint, to answer further thereto at a subsequent day, and to give surety in $6000 for her appearance for that purpose. In default of bail she was committed by order of the magistrate, and a mittimus therefor in due form was issued. Upon the day fixed for the trial she was discharged, the magistrate finding and1 adjudging her to be “ not guilty of said charge.” All this appears from the records of the trial justice.
*66This was a sufficient prosecution and acquittal therefrom to…
2Cases cited2 opinions
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- O'Brien v. BarryMassachusetts Supreme Judicial Court · 1871
3Cited by7 opinions
- Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
- Karjavainen v. BuswellMassachusetts Supreme Judicial Court · 1935
- Tangney v. SullivanMassachusetts Supreme Judicial Court · 1895
- Castro v. De UriarteDistrict Court, S.D. New York · 1882
- Harrelson v. JohnsonSupreme Court of South Carolina · 1922
2 more not listed; retrieve them via the Exa API.