Legal Opinion

Clark v. Forsyth

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 88PublishedCited by 3 opinions

Appeal, No. 88, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., July T., 1910, No. 23, on verdict for plaintiff in casé of William H. Clark v. J. R. Forsyth. Trespass for malicious prosecution. Before Evans, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Defendant appealed.

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Appeal, No. 88, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., July T., 1910, No. 23, on verdict for plaintiff in casé of William H. Clark v. J. R. Forsyth. Trespass for malicious prosecution. Before Evans, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $300. Defendant appealed. Errors assigned were (1) in admitting record of justice of the peace, and (2) in refusing to enter judgment for defendant n. o. v. An action for false imprisonment cannot be sustained against one who has not been shown to have participated in…

1Opinion of the Court

Opinion by

Morrison, J.,

The plaintiff’s declaration is in trespass for a malicious prosecution and the case was tried on that theory and submitted to the jury and a verdict was rendered in favor of plaintiff for $300. At the trial the defendant’s learned counsel requested the trial judge, in a written point, to charge, “that under all the evidence the verdict should be for the defendant.” This point was refused. After verdict the defendant’s counsel regularly moved the court for judgment non obstante veredicto, and, on argument, this motion was refused, an exception granted to the defendant…

2Cases cited1 opinion

  1. Kramer v. LottSupreme Court of Pennsylvania · 1865

3Cited by3 opinions

  1. Patton v. VucinicSuperior Court of Pennsylvania · 1933
  2. Fendall v. EckertSuperior Court of Pennsylvania · 1926
  3. Schwatka v. DavidsonSuperior Court of Pennsylvania · 1918

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