Zantzinger v. Weightman
U.S. Circuit Court for the District of District of Columbia
This was an action upon the case for maliciously holding the plaintiff to bail, upon a ne exeat, for a much larger sum than .was due.
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This was an action upon the case for maliciously holding the plaintiff to bail, upon a ne exeat, for a much larger sum than .was due. The declaration states that the defendants, “ maliciously and injuriously ” intending to cause the plaintiff “ to be, unjustly and without any probable cause, arrested and imprisoned for a large sum of money,” and to cause him, “ without any just or reasonable cause, to expend divers large sums of money on that occasion “ did falsely, unjustly, and maliciously file a bill of complaint,” &c., “ whereupon they prayed a certain process called a ne exeat, and an…
1Opinion of the Court
The Court (ThrustoN, J., absent,)
having fully considered the case, arrested the judgment, because there was no- averment of any act done by the defendants without probable cause; and because, by the plaintiff’s own showing, there was probable cause, to a certain extent.
2Cited by2 opinions
- Gredone v. GredoneDistrict of Columbia Court of Appeals · 1976
- Den ex dem. Hoover v. FranklinSupreme Court of New Jersey · 1820