Herman v. Brookerhoff
Supreme Court of Pennsylvania
ERROR to the common pleas of Centre county. Isaac Herman against Henry Brookerhoff. This was an action on the case, for maliciously suing out a capias ad respondendum by the defendant against the plaintiff. ■ The facts were, that Brookerhoff procured a capias to be issued against Herman by a justice of the peace, for selling merchandize as a pedlar without a license.
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ERROR to the common pleas of Centre county. Isaac Herman against Henry Brookerhoff. This was an action on the case, for maliciously suing out a capias ad respondendum by the defendant against the plaintiff. ■ The facts were, that Brookerhoff procured a capias to be issued against Herman by a justice of the peace, for selling merchandize as a pedlar without a license. Upon the trial before the justice, the defendant produced a license which had been granted to him by a mayor’s court. The justice of the peace was of opinion that the court of common pleas alone had power to grant licenses, and…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Though there is a resemblance betwixt an action for the malicious prosecution of a criminal charge, and an action for a malicious arrest or holding to excessive bail in a suit, the cases are not entirely parallel. In a criminal prosecution, want of probable cause must be combined with malice; but in a civil suit the existence of a cause of action is not a defence to a suit for an excessive use of the process. In Wray v. Law, Peters's Rep. 210, it was ruled that a malicious holding to bail for an undoubted cause of action entitles the party…
2Cases cited1 opinion
- Sommer v. WiltSupreme Court of Pennsylvania · 1818
3Cited by21 opinions
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- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Painter v. PainterOhio Supreme Court · 1849
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
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