Sparrow v. Weld

The Court of Appeals certified the following question: "Where after the levy of a distress warrant no counter-affidavit is filed, and the property is not replevied but is sold to satisfy the alleged indebtedness for rent, is the prosecution at an end, so as to give'a right of action for a malicious use of legal process to the alleged tenant against the person suing out the distress warrant; or is it essential to such right of action! that an issue should have been formed by a counter-affidavit filed and that this issue should have been determined favorably to the alleged tenant ?” That there…