Lindsay v. West

This is an action for malicious prosecution. The plaintiff alleges that the defendant caused him to be arrested upon a warrant charging him with the offense of “trespass;” that the defendant acted maliciously and without probable cause; that the plaintiff was carried before a magistrate and bound over to the city court, but in that court the prosecution terminated by the solicitor-general entering a nolle prosequi upon the accusation which had been drawn upon the commitment and warrant. The court sustained a general demurrer, and the plaintiff excepts. Two reasons are assigned by the…