Estopinal v. Peyroux

The opinion of the Court was delivered by

Poché, J.

Plaintiff appeals from a judgment which maintained an excej)tion of no cause of action, interposed by the Defendant Peyroux *478to his suit for $5000 damages against the defendants for an alleged malicious prosecution.

His petition charges, substantially, that on the affidavit of the defendant Dautrive, lie was arrested on a charge of trespass, under sec. 818 of the Revised Statutes, and brought before the defendant, Peyroux, a justice of the peace in the parish of St. Bernard, to answer to said complaint; and that his trial thereon resulted in the…