Knott v. Sargent
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. Writ dated March 19, 1875. The declaration alleged that the defendant, maliciously and without probable cause therefor, caused a complaint to be sworn out before a justice of the Police Court of the city of Salem on May 18, 1874, wherein the plaintiff was charged with the crime cf larceny of sundry articles alleged to be the property of the defendant, and of the value of over $500 ; that thereupon the justice issued his warrant for the arrest…
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Tort for malicious prosecution. Writ dated March 19, 1875. The declaration alleged that the defendant, maliciously and without probable cause therefor, caused a complaint to be sworn out before a justice of the Police Court of the city of Salem on May 18, 1874, wherein the plaintiff was charged with the crime cf larceny of sundry articles alleged to be the property of the defendant, and of the value of over $500 ; that thereupon the justice issued his warrant for the arrest of the plaintiff, which was duly served, and the plaintiff was brought into court and ordered to recognize with surety…
1Opinion of the CourtMorton, J.
It is a familiar rule that, in an action for malicious prosecution, the plaintiff must prove that the prosecution which he alleges to be malicious has been terminated. “The new action must not be brought before the first be determined; because till then it cannot appear that the first was unjust.” Bul. N. P. 12.
Ii the prosecution alleged to be malicious was by complaint to a magistrate, upon which the plaintiff was bound over to appear at the Superior Court, he must show that he has been discharged by the order of that court. Until such discharge, the prosecution is not at an end, but he and…
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