Moyle v. Drake
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. Writ dated March 1, 1884. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows; Drake, on August 25, 1883, made a complaint before a trial justice, charging Moyle with wilfully committing a trespass, on August 13, 1883, and unlawfully and wilfully cutting down, carrying away, and destroying three hundred trees, of the value of $30, of the property of Drake.
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Tort for malicious prosecution. Writ dated March 1, 1884. Trial in the Superior Court, before Bacon, J., who reported the case for the determination of this court, in substance as follows; Drake, on August 25, 1883, made a complaint before a trial justice, charging Moyle with wilfully committing a trespass, on August 13, 1883, and unlawfully and wilfully cutting down, carrying away, and destroying three hundred trees, of the value of $30, of the property of Drake. Upon the warrant issued upon this complaint Moyle was arrested, and taken before J. C. Lane, trial justice, for examination. The…
1Opinion of the CourtField, J.
The defendant made a complaint before a trial justice against the plaintiff, under the Pub. Sts. c. 203, § 94, on which the plaintiff was arrested, and, after an examination by the trial justice, was discharged. This section of the Public Statutes is a reenactment of the Gen. Sts. c. 161, § 81, as *242amended by the St. of 1868, c. 321, § 1. By § 2 of the latter statute, jurisdiction to punish this offence was given to trial justices concurrently with the Superior Court, “ when the value of the property cut, .... or the injury occasioned by the trespass, is not alleged to exceed the sum of one…
2Cases cited4 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Fay v. . O'NeillNew York Court of Appeals · 1867
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- Sasse v. RogersIndiana Court of Appeals · 1907
- Donnelly v. DaggettMassachusetts Supreme Judicial Court · 1887
- Harrelson v. JohnsonSupreme Court of South Carolina · 1922
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