Faris v. Starke

Judge Marshall

delivered the opinion of the Court.

Faris having caused Starke and two others to be arrested and tried upon a Justice’s warrant, on a charge of having broken into his store in the night, and stolen his money, from which the accused were discharged, on trial, by the Justices, Starke brought this action for a malicious prosecution. Faris pleaded a special plea of probable cause, which was traversed by the replication; and the jury having found a verdict for ‡330 in damages for the plaintiff, and the defendant’s motion for a new trial having been overruled, the only question to be…