McCarthy v. Kitchen

— The appellee, as plaintiff, sued the appellant, as defendant, in this action, in the court below, to recover damages for an alleged malicious prosecution.

Appellee alleged, in substance, in his complaint, that, on the 7th day of July, 1873, the appellant appeared before John S. Allen, a justice of the peace of Fairfield township, in Tippecanoe county, Indiana, and voluntarily made and filed with said justice an affidavit, setting it out in said complaint. In s.aid affidavit, the appellant charged, in substance, that, on May 30th, 1873, at said county and State, the appellee did then and…