Graves v. Dawson
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. At the trial in the Superior Court, before Bacon, J., the jury returned a verdict for the plaintiff, in the sum of $750; and the judge reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
The facts show that, after the plaintiff had been bound over by the magistrate and before any action by the grand jury, he was, without his consent and against his remonstrance, discharged by the court on the motion of the district attorney; and that subsequently a nolle prosequi was entered by the district attorney. This was an abandonment of the prosecution and a termination of it in the plaintiff’s favor. It has been decided in this Commonwealth that a nolle prosequi of an indictment is not necessarily such a termination of the prosecution as will maintain an action. Bacon v. Towne, 4…
2Cases cited7 opinions
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Driggs v. BurtonSupreme Court of Vermont · 1871
- Brown v. RandallSupreme Court of Connecticut · 1869
- Coupal v. WardMassachusetts Supreme Judicial Court · 1871
- Fay v. . O'NeillNew York Court of Appeals · 1867
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3Cited by7 opinions
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- White v. International Text Book Co.Supreme Court of Iowa · 1912
- Currier v. StudleyMassachusetts Supreme Judicial Court · 1893
- Marcus v. Bernstein, Cohen & Co.Supreme Court of North Carolina · 1895
- Willis v. GurryMassachusetts Supreme Judicial Court · 1954
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