Zebley v. Storey
Supreme Court of Pennsylvania
No. 73 January Term 1883, Sup. Ct.; originating in No. 68 January Term 1870, Sup. Ct. This case began with an alias summons in case, issued from the Supreme Court at nisi prius on September 30, 1869, in a suit by John W. Storey against John Zebley, Jr., wherein the narr. declared for a malicious prosecution of the plaintiff by the defendant, under a charge of obtaining goods under false pretences, and averring the determination of the criminal prosecution by a discharge of…
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No. 73 January Term 1883, Sup. Ct.; originating in No. 68 January Term 1870, Sup. Ct. This case began with an alias summons in case, issued from the Supreme Court at nisi prius on September 30, 1869, in a suit by John W. Storey against John Zebley, Jr., wherein the narr. declared for a malicious prosecution of the plaintiff by the defendant, under a charge of obtaining goods under false pretences, and averring the determination of the criminal prosecution by a discharge of the plaintiff after a hearing upon a writ of habeas corpus. Under the plea of not guilty, an issue was joined which…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
This was an action on the case for a malicious prosecution, and has about it the unmistakable flavor of antiquity. It was twice tried in the district court by our late and lamented colleague Chief Justice Shabswood, then the president judge of that court. After the adoption of the present constitution, the cause was certified to the Common Pleas No. 3, where it was tried before the late Judge Yerkes. The first trial resulted in a verdict for the plaintiff, which was set aside and a new trial granted. At the second trial there was a disagreement of the jury. The…
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