Hamilton v. Smith

This writ of error is brought to reverse a judgment for $3500 rendered in Smith’s favor on a charge of malicious prosecution. Some preliminary explanation is requisite. In the summer of 1876 the wife of Hamilton instituted her suit by bill against him for a divorce, and he employed the defendant Dunning, a solicitor, to make defense for him. In due season Dunning put in Hamilton’s answer and it contained a charge of adultery by Mrs. Hamilton with Smith. But shortly before the answer a sworn statement of one Whittenberg *225was obtained to the effect that Smith had recently committed the offense…