McGuirk v. O'Halloran

TOWFTfL, Circuit Judge.

The plaintiff’s declaration is in two counts. The first alleges false imprisonment; the second malicious *910prosecution. .The defendant demurred to both counts, but at the argument he did not press his demurrer to the first. The second alleges malicious prosecution in the common form, except that it substitutes, for the usual allegation of the plaintiff’s acquittal the following:

“At said 'police court the plaintiff was, solely through and by means of perjury and subornation of perjury by said defendant, convicted, of the crime of keeping and maintaining a confmon, noisy,…