Riley v. Gourley
Supreme Court of Connecticut
This was an action for a malicious prosecution ; the plaintiff suing by the name of De La P. Riley. The declaration consisted of four counts. The first and second may be laid out of the case.
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This was an action for a malicious prosecution ; the plaintiff suing by the name of De La P. Riley. The declaration consisted of four counts. The first and second may be laid out of the case. The third was as follows : “ And the plaintiff further says, that he has ever sustained a good and fair character for honesty and integrity, and has never been guilty of the crime of theft, or any other felony, and has deservedly obtained the good opinion of his neighbours and acquaintances, of all which the defendant Was well knowing ; yet the defendant, contriving and maliciously intending to injure…
1Opinion of the CourtWilliams, J.
It was claimed, that there was a variance between the record declared upon and that exhibited. The declaration states, that the defendant, on oath, charged the plaintiff, by the name of De Witt P. Riley; the complaint against him is a complaint against De Wilt P, Riley. There is, then, no variance ; and the only question must be, whether the plaintiff can be permitted to show, that he was the person intended by that charge.
It is said, the charge is evidently against another man. To this it may be answered, perhaps there is no man of that name ; perhaps the plaintiff was sometimes called by…
2Cited by9 opinions
- Stein v. BurdenSupreme Court of Alabama · 1856
- Conestee Mills v. City of GreenvilleSupreme Court of South Carolina · 1931
- Farrington v. KlauberSupreme Court of Connecticut · 1943
- Royce v. HeneageSupreme Court of Connecticut · 1976
- Buddington v. BradleySupreme Court of Connecticut · 1834
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