White v. Apsley Rubber Co.
Massachusetts Supreme Judicial Court
Tort, with two counts for malicious prosecution and two for abuse of criminal process. Writ dated April 4, 1898. In the Superior Court the case first was tried before Blodgett, J., who ordered a verdict for the defendant, and exceptions alIeged by the plaintiff were sustained by this court in a decision reported in 181 Mass. 339. There was a new trial before Bell, J., at which the plaintiff, before the introduction of evidence, elected to rely upon his fourth count and went…
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Tort, with two counts for malicious prosecution and two for abuse of criminal process. Writ dated April 4, 1898. In the Superior Court the case first was tried before Blodgett, J., who ordered a verdict for the defendant, and exceptions alIeged by the plaintiff were sustained by this court in a decision reported in 181 Mass. 339. There was a new trial before Bell, J., at which the plaintiff, before the introduction of evidence, elected to rely upon his fourth count and went to trial upon that count. The fourth count was as follows: “ Fourth Count: The plaintiff says that he was at the time of…
1Opinion of the CourtBraley, J.
While not expressly conceded, yet upon uncontroverted evidence it is manifest that a complaint had been made under R. L. c. 208, § 116, charging the plaintiff with the crime of wilfully and maliciously injuring the personal property of the defendant. A warrant having been issued he was arrested at his home, and after being detained in custody for an appreciable time by the officer serving the process, he was released, while no further steps ever were taken in the prosecution of the case. Upon conflicting evidence, the weight of which was wholly for the jury, they further could find that the…
2Cases cited13 opinions
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Telegram Newspaper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Linkage Corp. v. Trustees of Boston UniversityMassachusetts Supreme Judicial Court · 1997
- Limone v. United StatesCourt of Appeals for the First Circuit · 2009
- Finnish Temperance Society Sovittaja v. Finnish Socialistic Publishing Co.Massachusetts Supreme Judicial Court · 1921
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
17 more not listed; retrieve them via the Exa API.