Talosi v. Tury

Plaintiff filed a 1-count declaration. Later he filed an amendment, but it remained a 1-count declaration still. In it plaintiff alleged that defendants, husband and wife, maliciously prosecuted him on a criminal charge and committed an assault and battery on his person.

Long in advance of trial defendants filed a motion to dismiss the action on the grounds,'inter alia, that *490the statute of limitations * had run against it. In that motion defendants referred to plaintiff’s action as one for malicious prosecution. Being in doubt as to whether the statute started to run from the institution of…