Monaghan v. Cox
Massachusetts Supreme Judicial Court
Tort, for malicious prosecution. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for malicious prosecution. Trial in the Superior Court, before Braley, J., who allowed a bill of exceptions, in substance as follows. It appeared in evidence, that on March 7, 1889, the defendant went before the First District Court of Essex, held at Salem to receive criminal complaints, and made and signed a complaint charging the plaintiff with breaking and entering the defendant’s dwelling-house in the night-time of February 28, 1889, with intent to commit larceny therein; and that on March 8, 1889, the plaintiff was tried in that court upon the complaint, and discharged. The…
1Opinion of the CourtBarker, J.
The offer of proof was evidently considered at the trial as an offer to show such a state of facts as would have been a justification if the counsellor whose advice the defendant followed had not been the magistrate to whom his complaint was addressed. It ought not to receive a narrow or technical construction, and we are therefore free to consider the principal question raised, which is whether, upon the defence of probable cause in an action for malicious prosecution, the defendant may show that in making the complaint he acted upon the advice of the magistrate to whom the complaint was…
2Cases cited13 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Schippel v. NortonSupreme Court of Kansas · 1888
- McLeod v. McLeodSupreme Court of Alabama · 1882
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- Paddock v. WattsIndiana Supreme Court · 1888
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3Cited by11 opinions
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
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