Morris v. Scott
New York Supreme Court
Error from the Allegany common pleas. This was an action on the case for a malicious'prosecution, brought by Morris against Scott, for maliciously, and without probable cause, making complaint to a magistrate against Morris, for aiding and assisting'in the removal of the property of a third person, for the purpose of defrauding the creditors of such person, suing out a warrant for his arrest, causing him to be arrested and brought before the magistrate, and subsequently…
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Error from the Allegany common pleas. This was an action on the case for a malicious'prosecution, brought by Morris against Scott, for maliciously, and without probable cause, making complaint to a magistrate against Morris, for aiding and assisting'in the removal of the property of a third person, for the purpose of defrauding the creditors of such person, suing out a warrant for his arrest, causing him to be arrested and brought before the magistrate, and subsequently tried by a court of special sessions ; by which court he was acquitted and discharged. The defendant pleaded non cul. The…
1Opinion of the Court
By the Court,
'Cowei? J.
Authorities are cited, by the .counsel for the plaintiff in error, that an action on the case i es for a malicious prosecution, although the court in which it is instituted had no jurisdiction. Goslin v. Wilcock, 2 Wils. 302. ln Smith v. Cattel, id. 376, it is said “ the sting *282of these kind of actions is malice and falsehood, and the injury done in pursuance thereof.” The question has also been much discussed in a later case, on error. Elsee v. Smith, 1 Dowl. & Ryl. 97; 2 Chit. R. 304. S, C. A party who pursues a man by arrest in a court destitute of jurisdiction, may…
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- Dennis v. . RyanNew York Court of Appeals · 1875
- Shaul v. BrownSupreme Court of Iowa · 1869
- Stancliff v. PalmeterIndiana Supreme Court · 1862
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