Stanton v. Hart

Hart sued Stanton for malicious prosecution, in having him arrested for larceny, from which after much delay he was finally discharged upon a nolle prosequi, after having.; endeavored without success to obtain a trial. A recovery was had at the circuit, and the case comes up on error.

The first question presented is whether sucb an action-will lie unless the plaintiff has been acquitted on trial by a jury. ' Upon this question there is some conflict in the-authorities, but we think the weight of reason is in favor-*540•of the action. The mischief is done by the arrest and disgrace caused by a…