Werner v. Bowers

Opinion by

Stadtfeld, J.,

This is an appeal by defendant from a judgment on a verdict for plaintiff for damages for malicious prosecution.

The evidence established that plaintiff, at the direction of a tenant, carried away goods which defendant had levied upon for arrears of rent. The constable reported the matter to the justice of the peace who had issued the landlord’s warrant. The justice drew up an information, sent for the defendant and requested him to sign it. Upon the information so drawn, it not being apparent whether it was intended to charge the crime of larceny or a misdemeanor under…