Peerson v. Ashcraft Cotton Mills

[1 ] The sole question raised in argument on this appeal is whether, in the absence of an arrest of his person or a seizure of Ms property, the successful defendant may have an action against the plaintiff who has proceeded against him to Ms damage in a civil action maliciously and without probable cause. So far as we are advised, this question has never arisen for decision in this court. It has, however, been much debated and differently decided in other jurisdictions. We think it enough to briefly indicate the reason and authority for our conclusion that the question at issue should be…