Magowan v. Rickey

*403The opinion of the court was delivered by

Van Syckel, J.

This is an action for malicious prosecution.

The defendant, on the 7th of February, 1898, preferred before a justice of the peace a charge that the plaintiff broke and entered his dwelling-house and stole therefrom certain personal property. The plaintiff was thereupon arrested, taken before the justice, and recognized to appear before the next term of the Court of Oyer and Terminer of Mercer county.

The grand jury failed to find a true bill against the plaintiff, and he was discharged from custody, and not further prosecuted.

To support…