Benedict v. Seymour

Selden, Justice.

This action is brought to recover for an alleged malicious prosecution. It is necessary to give a brief abstract of the pleadings, in order to present the points to be decided.

The complaint states that the defendant on the 25th day of April 1851, caused the plaintiff to be summoned to appear- before a justice of the peace, to answer the defendant in a civil action; that the parties, appeared and the defendant was nonsuited; and avers that the suit was without probable cause, and malicious. It further avers, commencing thus: “ And the said plaintiff further-states to the court”…