Gallaway v. Burr

MaestoN, J:

Gallaway sued Burr and Leonard for malicious prosecution in liaving liim arrested upon a charge of obtaining goods by false pretenses, from which he was discharged by the examining magistrate upon securing the debt, no one appearing against him.

Most of the questions raised in this case relate to the admissibility of testimony for the purpose of showing probable cause for the arrest of Gallaway by the defendants.

The true inquiry, in cases like the present, is, not what the actual facts were, whether they were such in fact as would authorize the arrest ■ and committal of Gallaway for…