Hobbs v. Ray

We think the defendant’s demurrer to the plaintiff’s declaration should be sustained.

The facts set out in the writ and declaration show a case for malicious prosecution, and not for false imprisonment; and these actions are quite distinct and different from each other. An action of trespass for false imprisonment, lies for an arrest, or some other similar act of the defendant, ‘ ‘ which, ” as is said, “upon the stating of it, is manifestly illegal;” while malicious prosecution, on the contrary, lies for a pros- edition, which, upon the stating of it is manifestly legal. Johnstone v. Sutton, 1…