Goodrich v. Warner
Supreme Court of Connecticut
This was an action on the case. The declaration contained several counts. In the first, it was alleged, that the defendant maliciously, and without reasonable or probable cause, charged the plaintiff with having feloniously set fire to, and destroyed his dwelling-house, and caused him to be arrested and carried before a magistrate for examination and trial, who, after due enquiry, adjudged, that there was no sufficient cause for holding him for further trial, and ordered him…
Read the full summary
This was an action on the case. The declaration contained several counts. In the first, it was alleged, that the defendant maliciously, and without reasonable or probable cause, charged the plaintiff with having feloniously set fire to, and destroyed his dwelling-house, and caused him to be arrested and carried before a magistrate for examination and trial, who, after due enquiry, adjudged, that there was no sufficient cause for holding him for further trial, and ordered him to be set at large. In the second count, it was alleged, that the defendant maliciously, and without probable cause,…
1Opinion of the CourtWaite, J.
Several questions are presented for our consideration, by the motion, in the present case. The principal and most important one, is, whether the evidence given upon the trials of the two criminal prosecutions against the plaintiff, was admissible, for the purpose of shewing reasonable and probable cause for these prosecutions. And we are all of opinion that it was. A different opinion, however, seems to have been entertained, by the supreme court of the state of New-York. Burt v. Price, 4 Wend. 591. And it has been supposed, that the evidence of the defendant alone, was admissible, because he…
2Cases cited1 opinion
- Burt v. PlaceNew York Supreme Court · 1830
3Cited by29 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Heck v. HumphreySupreme Court of the United States · 1994
- Zenik v. O'BRIENSupreme Court of Connecticut · 1951
- Hanser v. BieberSupreme Court of Missouri · 1917
- Kansas & Texas Coal Co. v. GallowaySupreme Court of Arkansas · 1903
24 more not listed; retrieve them via the Exa API.