Legal Opinion

Weinberger v. Shelly

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 6 opinions

ERROR to the Common Pleas of Bucks county, in an action on the case for malicious prosecution, brought by Peter Shelly against Samuel Weinberger, in which a verdict and judgment were rendered for the plaintiff.

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ERROR to the Common Pleas of Bucks county, in an action on the case for malicious prosecution, brought by Peter Shelly against Samuel Weinberger, in which a verdict and judgment were rendered for the plaintiff. The declaration complained that “ Samuel Weinberger minding and most wickedly intending him, the said Peter, most unjustly to damnify, oppress and impoverish, at a Court of General Quarter Sessions, held for Bucks county aforesaid, at the Court House in Doylestown, in said county, the 10th day of December 1839, before John Fox, Esquire, President Judge, and his Associates, the justices…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

Action on the case, brought by the defendant in error against the plaintiff in error, for a malicious prosecution. First, it is alleged that the court below erred because they did not charge the jury that probable cause was shown, and that there*342fore they ought to find for the defendant. It appears to us that if the court had so charged the jury, they would have erred: for evidence was given on the part of the plaintiff, tending to show that the defendant had determined on prosecuting the plaintiff for stealing the cow, whether there was…

2Cases cited2 opinions

  1. Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
  2. GEYER'S v. IrwinSupreme Court of the United States · 1790

3Cited by6 opinions

  1. State v. GrantSupreme Court of Missouri · 1883
  2. Elliott v. StateWyoming Supreme Court · 1931
  3. Woodworth v. StateIndiana Supreme Court · 1896
  4. Quick v. MillerSupreme Court of Pennsylvania · 1883
  5. King v. LejkoSuperior Court of Pennsylvania · 1931

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