Kramer v. Lott
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action on the case by Sarah Kramer and George Kramer against Henry Lott and George Buchite, brought to recover damages for an alleged malicious prosecution.
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Error to the Common Pleas of Jefferson county. This was an action on the case by Sarah Kramer and George Kramer against Henry Lott and George Buchite, brought to recover damages for an alleged malicious prosecution. The case was this: — Henry Lott and George Buchite made information before George Pifer, a justice of the peace, against Sarah Kramer and Charles Korb and Michael Pifer, on the 2d day of October, A. D. 1859, for breaking and opening a certain school-house with violence and taking possession of the same ; a warrant was issued the same day to James Miller, constable, who arrested…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
A criminal prosecution is deemed in law to be malicious, when a crime is charged with malice and without probable cause. Where the proceedings are entirely irregular, the prosecutor, according to all the authorities, will be a trespasser, and the action to redress the injury must be trespass for the force applied ; and such is the case where the proceedings are in form a criminal prosecution, but the offence charged is not within criminal jurisdiction. This is definitely ruled in Maher and Wife v. Ashmead, 6 Casey 344, and in Baird v.…
2Cases cited1 opinion
- Respublica v. DevoreSupreme Court of Pennsylvania · 1795
3Cited by8 opinions
- Nelson v. HillNew Mexico Supreme Court · 1924
- Boyd v. SnyderSupreme Court of Pennsylvania · 1904
- Commonwealth v. RandallSuperior Court of Pennsylvania · 1916
- Sperry v. SeidelSupreme Court of Pennsylvania · 1907
- Clark v. ForsythSuperior Court of Pennsylvania · 1913
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