Hinds v. Parker
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by George K. Hinds against Eri C. Parker for malicious prosecution. Prom a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtHerrick, J.
I have deemed the foregoing very naked statement of facts in this case sufficient for the purposes of this decision, as they sufficiently present the only questions that it seems to me necessary to discuss. It is well settled that no action for malicious prosecution can be maintained until the proceeding complained of has been legally terminated in favor of the accused. 14 Am. & Eng. Enc. Law, 28; Kline v. Hibbard, 80 Hun, 50, 29 N. Y. Supp. 807; Robbins v. Robbins, 133 N. Y. 597, 30 N. E. 977. The fact that the plaintiff was discharged upon a writ of habeas corpus, after his arrest and…
2Cases cited2 opinions
- Robbins v. . RobbinsNew York Court of Appeals · 1892
- Kline v. HibbardNew York Supreme Court · 1894