Apgar v. Woolston

The opinion of the court was delivered by

Depue, J.

The plaintiff brings his action in trespass on the case for a malicious prosecution, in procuring his indictment in the Court of Oyer and Terminer of the county of Warren, for perjury.

If the court in which the prosecution is made has no jurisdiction of the complaint, and the want of jurisdiction is the sole gravamen of the suit, trespass for false imprisonment is the proper action. If the prosecution be malicious and unfounded, and be instituted in a court having no jurisdiction, the party injured may sue either in case, making the malice and…