Zimmerman v. Houghwot

Opinion by

Rhodes, J.,

This is an appeal by defendant from the refusal by the court below to grant a new trial in an action of trespass for malicious prosecution. Plaintiff, together with two others, was charged with larceny of maple sap on information made by defendant. Plaintiff was placed under arrest, handcuffed, taken to the office of the justice of the peace, and committed to jail, where he remained for five days. On the date fixed for hearing no testimony was offered by defendant, and plaintiff was discharged. Plaintiff then brought this action to recover damages for alleged malicious…