Giusti v. Del Papa

In our former re-script we held that the declaration set forth 'no cause of-action because, though it alleges that the defendant maliciously prosecuted the plaintiff and without probable cause, it went on to state that the defendant caused the plaintiff to be arrested and brought before the District Oourt. of the Tenth Judicial District and to be bound oyer by that court to await the action of the grand jury, and to be indicted, See. We ' were of the opinion that, though the declaration averred that the prosecution was without probable cause, that allegation was overborne by the averment that…