Young v. Haydon

Judge Ewing

delivered the Opinion of the Court.

Haydon declared against Young, in two counts, for a malicious prosecution; to which he added, a count in trover and conversion of a thousand dollars in silver.

To the two first counts, the defendant plead probable cause, and to the last, not guilty.

After all the evidence was given, the Court, at the instance of the counsel for the defendant, instructed the jury, that there was no testimony in support of the last count, and that they should find for the defendant, on the issue thereon; whereupon, the counsel for the defendant asked permission of the…