Usher v. Whitinger
Indiana Supreme Court
ERROR to the Wayne Circuit Court. — This was an action on uie cage for a malicious prosecution. The declaration contained two counts. The first alleged that the defendant had falsely, Set. before I. Esleb, a magistrate, &c. charged the plaintiff with having stolen out of the defendant’s mill seven bushels and a half of the defendant’s wheat; and had procured the magistrate to issue his warrant, Set.
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ERROR to the Wayne Circuit Court. — This was an action on uie cage for a malicious prosecution. The declaration contained two counts. The first alleged that the defendant had falsely, Set. before I. Esleb, a magistrate, &c. charged the plaintiff with having stolen out of the defendant’s mill seven bushels and a half of the defendant’s wheat; and had procured the magistrate to issue his warrant, Set. The second count stated that the defendant had falsely, &o. charged the plaintiff &c. with larceny, and on, Sec. procured him to be arrested, &c. Plea, not guilty. At the trial, the plaintiff…
1Opinion of the CourtScott, J.
This affidavit was good evidence to show, that the defendant instituted the prosecution and procured the arrest; and, for this purpose, it ought to have been admitted (1).
2Per curiam
The judgment is reversed, and the verdict set aside, with costs. Cause remanded for further proceedings.
The substance of the affidavit need only be stated in the declaration. Thus, where the declaration averred that the defendant had charged the plaintiff with' felony; and the information before the magistrate alleged that *251certain goods had been stolen from the defendant, and that he suspected and believed, and had good…
3Cited by2 opinions
- Stancliff v. PalmeterIndiana Supreme Court · 1862
- Turpin v. RemyIndiana Supreme Court · 1833