Payson v. Caswell
Supreme Judicial Court of Maine
This was an action of the case, the declaration containing three counts, one for a conspiracy to injure the plaintiff,'one for a malicious prosecution, and the third a special count setting forth all the facts, and claiming damage for the injury. The general issue was pleaded and joined, at the trial at December Term of this Court, 1841. The plaintiff introduced copies of a prosecution instituted on the complaint of said.
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This was an action of the case, the declaration containing three counts, one for a conspiracy to injure the plaintiff,'one for a malicious prosecution, and the third a special count setting forth all the facts, and claiming damage for the injury. The general issue was pleaded and joined, at the trial at December Term of this Court, 1841. The plaintiff introduced copies of a prosecution instituted on the complaint of said. Caswell against the. plaintiff, made to Stephen Barrows, Esq. dated the 16th of February,- 1839, for cutting twenty-five cords of wood on the 7th of the same month on…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— The plaintiff’s declaration consists of several counts. The substance of each of them is, that the defendants conspired together maliciously and without probable cause, to prosecute him criminally, under the statute, for a trespass upon land averred not to belong to him. His counsel contends that he has a right to recover upon one or more of three grounds; first, that the prosecution instituted was malicious, and without pobable cause ; secondly, that the defendants were guilty of a conspiracy, by joining together in a prosecution against…
2Cases cited1 opinion
- Cuyler v. NellisNew York Supreme Court · 1830
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