Johnson v. . Finch
Supreme Court of North Carolina
Malicious Prosecution■ — Pleading—Aider■—Amendment. Civil action, tried at September Term, 1885, of Davidson Superior Court, before Montgomery, Judge.
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Malicious Prosecution■ — Pleading—Aider■—Amendment. Civil action, tried at September Term, 1885, of Davidson Superior Court, before Montgomery, Judge. The complaint alleged in substance that on or about the 18th day of July, 1883, the'defendant maliciously intending to injure the plaintiff, and falsely pretending that he, the defendant, held a certain debt against the plaiutiff, which was due and unpaid, at a time when plaintiff was upon the eve of removing with his family to another State, wilfully and maliciously caused to be issued a certain order of arrest, and caused the plaintiff to be…
1Opinion of the CourtMerrimON, J.
The plaintiff brought this action to recover «damages from the defendant for maliciously and without probable cause, having him arrested under a warrant of arrest granted by a justice of the peace in a civil action, wherein the present plaintiff was defendant, and the present defendant was plaintiff.
The complaint is not only very informal, but it is defective in respect to a matter of substance. It fails to allege in terms or in effect, that the action in which the warrant of arrest was granted was terminated before this action was begun. It is necessary that such allegation should be made in…
2Cases cited9 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- Tucker v. . BakerSupreme Court of North Carolina · 1882
- Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870
- Grant v. . BurgwynSupreme Court of North Carolina · 1883
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