O'Dell v. Hatfield

The action is for malicious prosecution. The plaintiff was arrested upon an information, under a criminal warrant, for tearing down and destroying a fence enclosing the defendant’s premises along a public highway. The questions to be examined are: First, Are the information and the warrant upon which the arrest was made sufficient in form? Second, Was there reasonable and probable cause for the institution of the criminal proceeding? I think the warrant and information are sufficient. People v. Upton, 29 N. Y. St. Repr. 777, and cases there cited; s. c., 55 Hun, 612; People ex rel. Allen v.…