Parmalee v. Baldwin
Supreme Court of Connecticut
THIS was an action on the case against the select-men of the town of Branford, for appointing an overseer to the plaintiff.
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THIS was an action on the case against the select-men of the town of Branford, for appointing an overseer to the plaintiff. After averring that the plaintiff had at all times been prudent and discreet in the management of her affairs, and had never been likely to be reduced to want, by idleness, mismanagement or bad husbandry, &c. the declaration proceeded thus : “ The defendants while select-men as aforesaid, well knowing the premises, and contriving to injure the plaintiff, and to vex, harrass and oppress her, without law or right, and without any notice given to the plaintiff, or giving…
1Opinion of the Court
Swift, Ch. J.
This is an action against the defendants as select-men for appointing an overseer to the plaintiff maliciously, and without probable cause ; and no special damages are alleged in the declaration. On the trial, the plaintiff produced the appointment of an overseer without limitation of time ; which was, of course, null and void. The court instructed the jury, that the plaintiff was entitled to recover on proving malice and want of probable cause, though no special damages were alleged.
In actions for torts, where the law necessarily implies that the plaintiff has sustained damage…
2Cited by4 opinions
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