Mitchell v. Donanski

The defendant’s demurrer to the declaration in this action for malicious prosecution having been sustained by the Superior Court, the plaintiff seeks here a reversal of that ruling by his exceptions thereto.

The error alleged is thus stated :

“That said court made an error of law in sustaining said demurrer,

“a. In deciding that plaintiff had not alleged in said declaration such a commencement or beginning of the criminal prosecution declared upon as to entitle him to maintain the present action.

“b. In deciding that service of process, i. e., arrest of the defendant in the criminal prosecution,…