Kearney v. Mallon Suburban Motors, Inc.

William A. Smith, C. C. J.

This action is one instituted by the plaintiff to Tecoyer on two counts; the first count being an action for malicious prosecution and the second count being an action alleging a conspiracy to maliciously prosecute.

Motion was made before me for judgment on the pleadings on the ground that the complainant is barred by the statute of limitations, in that the cause of action arose on a refusal *84by the grand jury to indict on the complaint alleged to have been maliciously prosecuted by a vote taken on April 30th, 1943, and that the suit was not instituted within two years…