Wall v. Toomey
Supreme Court of Connecticut
Action for the malicious prosecution of a civil suit; brought to the Court of Common Pleas, and tried to the jury before Rail, J. Verdict for the plaintiff and motion in arrest of judgment for the insufficiency of the complaint. Motion overruled and judgment rendered for the plaintiff. Appeal by the defendant. The case is sufficiently stated in the opinion.
1Opinion of the CourtLoomis, J.
This is a complaint for the malicious prosecution of a civil suit in favor of a third party against the plaintiff and defendant jointly, but for the sole debt of the defendant, and upon which the property of the plaintiff was attached. The jury found the issues for the plaintiff, and after verdict the defendant moved in arrest for the insufficiency of the complaint. The claimed defects in the complaint are two:—first, in omitting to allege the want of probable cause for bringing the suit which caused the injury, and second, in omitting the allegation that the original suit was terminated in…
2Cases cited3 opinions
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Whittemore v. WareMassachusetts Supreme Judicial Court · 1869
- Drexel v. ManSupreme Court of Pennsylvania · 1843
3Cited by65 opinions
- DeLaurentis v. City of New HavenSupreme Court of Connecticut · 1991
- Solomon v. AbermanSupreme Court of Connecticut · 1985
- Three S. Development Co. v. SantoreSupreme Court of Connecticut · 1984
- Ledgebrook Condominium Assn., Inc. v. Lusk CorporationSupreme Court of Connecticut · 1977
- Stephens v. ConleyMontana Supreme Court · 1914
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