Wenger v. Phillips
Supreme Court of Pennsylvania
Appeal, No. 192, Jan. T., 1899, by plaintiff, from judgment of C. P. Chester Co., April T., 1898, No. 58, on verdict for defendant, in suit of Jonathan Wenger v. E. Vinton Phillips. Trespass for malicious prosecution. Before Hemphill, P. J. At the trial it appeared that in May, 1897, the plaintiff procured the arrest of defendant for obtaining goods by false pretenses. This prosecution, however, was not pushed at the time.
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Appeal, No. 192, Jan. T., 1899, by plaintiff, from judgment of C. P. Chester Co., April T., 1898, No. 58, on verdict for defendant, in suit of Jonathan Wenger v. E. Vinton Phillips. Trespass for malicious prosecution. Before Hemphill, P. J. At the trial it appeared that in May, 1897, the plaintiff procured the arrest of defendant for obtaining goods by false pretenses. This prosecution, however, was not pushed at the time. Subsequently on January 26, 1898, the defendant caused the plaintiff’s re-arrest on the same charge, and defendant was confined in the county jail until February 17, 1898,…
1Opinion of the Court
Opinion by
Mb,. Justice Fell,
There is no ground for the complaint that the chai'ge is inadequate and misleading. Tt contains a full and accurate statement of the law applicable to an action for malicious prosecution, and the questions of fact raised by the conflicting testimony were clearly and fairly presented to the jury.
The prosecution was commenced by advice of the district attorney. That this advice was sought in good faith and was based upon a full disclosure to him of all the facts known to the prosecutor was not controverted. That the binding over was after the prosecution was barred…
2Cases cited2 opinions
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