M'Cormick v. Sisson
New York Supreme Court
Case, for a malicious prosecution ; tried at the Yeates circuit, March, 1824, before Throop, 0. Judge. At the trial, it appeared that the defendant obtained a warrant from a justice, against the plaintiff, on a charge of theft, and when he was brought before the justice, he (the justice) examined some witnesses; but before he had finished the examination, the parties declared they had settled all matters of difficulty between them ; and. on that account, he proceeded no…
Read the full summary
Case, for a malicious prosecution ; tried at the Yeates circuit, March, 1824, before Throop, 0. Judge. At the trial, it appeared that the defendant obtained a warrant from a justice, against the plaintiff, on a charge of theft, and when he was brought before the justice, he (the justice) examined some witnesses; but before he had finished the examination, the parties declared they had settled all matters of difficulty between them ; and. on that account, he proceeded no further. The defendant moved for a non-suit, on the ground that the plaintiff had not shown that he was acquitted and…
1Opinion of the Court
Curia, per Woodworth, J.
I think the objection taken, that there was no acquittal, is fatal. The justice did not decide, whether there were grounds for the complaint *or not. It is essential that the plaintiff prove he has been acquitted. The discharge must be in consequence of the acquittal. The action cannot be sustained unless the proceedings are at an end by reason of an acquittal. In this case the proceedings ended in consequence of a settlement. The justice heard a part of the testimony only, and formed no opinion on the subject. (2 T. R. 231; Doug. 215; 2 John. 203.)
The judge also…
2Cases cited3 opinions
- Foshay v. FergusonNew York Supreme Court · 1846
- Secor v. BabcockNew York Supreme Court · 1807
- Burlingame v. BurlingameNew York Supreme Court · 1828
3Cited by23 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
- McKown v. . HunterNew York Court of Appeals · 1864
- Holliday v. HollidayCalifornia Supreme Court · 1898
- Hewitt v. RiceSupreme Court of Colorado · 2007
18 more not listed; retrieve them via the Exa API.