Murray v. Long
New York Supreme Court
This was an action for a malicious prosecution, tried at the Genesee circuit in April, 1828, before the Hon. John Bivdsall, one of the circuit judges. The declaration contained two counts in the ordinary form. The plea was the . . general issue.
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This was an action for a malicious prosecution, tried at the Genesee circuit in April, 1828, before the Hon. John Bivdsall, one of the circuit judges. The declaration contained two counts in the ordinary form. The plea was the . . general issue. The plaintiff proved that he was arrested by the sheriff of Genesee, on a warrant issued by D. H. Chandler, Esq. one of the. judges of that county, on a charge of murder, committe¿ to prison, where he remained about a week, when he 1 was discharged by the order of the judge. It appeared that the defendants' took an active agency in procuring the…
1Opinion of the Court
By the Court,
Sutherland, J.
This is an action for a malicious prosecution. The plaintiff was nonsuited at the trial, which nonsuit he now moves to set aside. The essential ground of this action is, that a legal prosecution has been carried on without a probable cause. The evidence in the case failed to establish that fact. The defendants took an active agency in procuring the complaint to be made, and the plaintiff to be arrested ; but if they believed the story of Miranda Johnson, they did in this no more than their duty. Miranda Johnson repeated the same story to Judge Chandler, upon the…
2Cited by25 opinions
- Harpham v. WhitneyIllinois Supreme Court · 1875
- McKown v. . HunterNew York Court of Appeals · 1864
- Shelton v. BarryAppellate Court of Illinois · 1946
- Center v. SpringSupreme Court of Iowa · 1856
- Masten v. DeyoNew York Supreme Court · 1829
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