Wilkinson v. Arnold

Action for malicious prosecution.

The complaint charges that the defendant below, Wilkinson, maliciously, and without probable cause, instituted a prosecution against the plaintiff, before a justice of the peace, upon a charge of the larceny of some corn, upon which charge the plaintiff was arrested and required to give bail for his appearance before the justice, and that upon the day set for trial the prosecuting attorney dismissed the prosecution; whereupon it was adjudged by the justice that the plaintiff go thence acquit of said charge.

The defendant filed an answer of four paragraphs, all…