Jones v. Schein
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. Writ dated January 5, 1910. In the Superior Court the case was tried before Lawton, J. The material facts are stated in the opinion. At the close of the plaintiff’s evidence, the defendant rested and asked the judge to rule (1) “ that there was no evidence upon which the plaintiff might recover,” and (2) "that upon the plaintiff’s evidence, the defendant was entitled to a verdict.” The rulings were refused.
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Tort for malicious prosecution. Writ dated January 5, 1910. In the Superior Court the case was tried before Lawton, J. The material facts are stated in the opinion. At the close of the plaintiff’s evidence, the defendant rested and asked the judge to rule (1) “ that there was no evidence upon which the plaintiff might recover,” and (2) "that upon the plaintiff’s evidence, the defendant was entitled to a verdict.” The rulings were refused. The jury found for the plaintiff in the sum of $1,000; and the defendant alleged exceptions. The case was submitted on briefs.
1Opinion of the CourtLoring, J.
On Christmas morning, 1909, the defendant told the chief of police for the town of Saugus that five geese had been stolen from his yard, and that he had seen the plaintiff and his *587brother “hanging around” there the night before. On the story being told to the judge * a warrant to search the house of the plaintiff’s brother was issued; four of the geese were found in the cellar, and the plaintiff, who was a boarder in the house, was'found upstairs and arrested as the person in whose possession the geese were found. He was held in custody until Monday, December 27, when a complaint was made…
2Cases cited1 opinion
- Falvey v. FaxonMassachusetts Supreme Judicial Court · 1887
3Cited by3 opinions
- Limone v. United StatesCourt of Appeals for the First Circuit · 2009
- Zygmuntowicz v. American Steel & Wire Co. of New JerseyMassachusetts Supreme Judicial Court · 1922
- Mason v. JacotMassachusetts Supreme Judicial Court · 1920