Penton v. Canning

I concede that the opinion of the majority herein is supported by respectable authorities, which, however, as I think, represent the minority view in this country on the point involved herein. Cases support the holding that when a justice of the peace or other inferior magistrate finds a defendant guilty in a criminal prosecution, and that fact appears on the face of the petition in a case of malicious prosecution, the mere allegation that there was want of probable cause is not sufficient, but that a special allegation is necessary to the effect that the judgment was obtained by fraud,…