Taylor v. Alexander
Ohio Supreme Court
Trespass, from Wayne county. The declaration contains three counts. The first two for an assault, battery, and false imprisonment of the plaintiff, and the third for an assault, battery, and false imprisonment of the plaintiff’s wife.
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Trespass, from Wayne county. The declaration contains three counts. The first two for an assault, battery, and false imprisonment of the plaintiff, and the third for an assault, battery, and false imprisonment of the plaintiff’s wife. The delendants pleaded, severally: 1. Not guilty; and, 2. Gave notice of justification, as to the first two counts, under a state’s warrant issued against the plaintiff on October 27, 1832, by the defendant, Alexander, a justice of the peace, on the complaint, upon oath, of the defendant, Peterson, for feloniously taking a parcel of buckwheat, delivered to the…
1Opinion of the Court
Judge Wright
delivered the opinion of the court:
The first question to be decided is, whether it is competent for •the plaintiff in trespass to prove, in order to enhance the damages, that a legal prosecution was commenced with a malicious motive ? If the prosecution complained of be malicious, and the forms of law have been used for malignant purposes, the party injured has *151his remedy by an action on the case for a malicious prosecution, in which the concurrence of a malicious motive with the want of probable cause, will subject the aggressor to damages commensurate with the iujury sustained,…
2Cases cited2 opinions
- Sandford v. NicholsMassachusetts Supreme Judicial Court · 1816
- Nichols v. ThomasMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- Mejia v. City of New YorkDistrict Court, E.D. New York · 2000
- Boyd v. HuffmanDistrict Court, N.D. Ohio · 1972
- Apple v. GansonOhio Court of Appeals · 1947