Hinds v. Parker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eri 0. Parker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 26th day of June, 1894, upon the verdict of a jury for $2,250, rendered after a trial at the Otsego Circuit, and also from an order bearing date the 21st day of June, 1894, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, Eri 0. Parker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 26th day of June, 1894, upon the verdict of a jury for $2,250, rendered after a trial at the Otsego Circuit, and also from an order bearing date the 21st day of June, 1894, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The action is one for malicious prosecution. The plaintiff is a school teacher. The defendant had two sons attending the school taught by the…
1Opinion of the Court
Herrick, 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. Ency. of Law, 28; Kline v. Hibbard, 80 Hun, 50; Robbins v. Robbins, 133 N. Y. 597.)
The fact that the plaintiff was discharged upon a writ of habeas corpus, after his arrest and commitment in the…
2Cited by4 opinions
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- Weglein v. Trow Directory, Printing & Bookbinding Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Sutton v. ButlerNew York Supreme Court · 1911
- Cuvillier v. StateAppellate Division of the Supreme Court of the State of New York · 1928