Harlan v. Jones

Appellee recovered judgment against appellant for malicious prosecution, by maliciously and without probable cause instituting proceedings for a search warrant and procuring a warrant commanding the searching of appellee’s house for certain goods alleged to have been stolen.

The affidavit described the goods, averred they had been stolen and were believed to be concealed in a certain house known as the Cooley House, and further asked that if they were not found there that appellee’s house should also be searched. The warrant was so issued and appellee’s house searched by virtue of it.

It is…