Sweeney v. Perney

Opinion by

SimpsoN, C.:

This action was brought by Michael Sweeney against Joseph Perney, to recover damages for malicious prosecution. On the trial the jury found for the defendant; the plaintiff moved for a new trial; the motion was overruled; judgment was rendered against plaintiff, and he brings the case here for review. The record shows that Joseph Perney, as a road overseer, on the 1st day of July, *1031885, made complaint in writing under oath before a justice of the peace, charging Michael Sweeney with, on the 15th day of April, 1885, stealing, taking and carrying away some stones, of…