Woods v. Finnell
Court of Appeals of Kentucky
Cases 13,14,15,16,17,18 — PETITIONS ORDINARY APPEALS EROM BOYLE CIRCUIT COURT. 1. A suit for malicious prosecution of a civil action can be maintained without an averment that the plaintiff has been arrested, or his property in some way interfered with. (Oox v. Taylor’s heirs, 10 B. Mon. 20.) 2. Where there is a good cause of action, but the plaintiff sues in a court which has no jurisdiction or cognizance of the cause, an action for malicious prosecution will lie.
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Cases 13,14,15,16,17,18 — PETITIONS ORDINARY APPEALS EROM BOYLE CIRCUIT COURT. 1. A suit for malicious prosecution of a civil action can be maintained without an averment that the plaintiff has been arrested, or his property in some way interfered with. (Oox v. Taylor’s heirs, 10 B. Mon. 20.) 2. Where there is a good cause of action, but the plaintiff sues in a court which has no jurisdiction or cognizance of the cause, an action for malicious prosecution will lie. (Espinasse’s Nisi Prius, title Malicious Prosecution, p. 30; Marbury v. Smith, 11 Kan.; Closson v. Staples, 42 Yt. 209; Whipple…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
These several actions were originally instituted in the county of Mercer, and by change of venue were heard in the Boyle Circuit Court. They involve the same questions, and will be considered together. It is alleged, in substance, in each case, that the plaintiff and the defendant were both citizens of the county of Mercer, and the defendant, with the view and for the purpose of annoying the plaintiff, and to subject him to unnecessary expense and trouble, left the county of his residence (Mercer), and falsely pretended to change his residence…
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