Eschbach v. Hurtt ex rel. Applegarth
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This suit was brought in the Superior Court of Baltimore City, on the 11th day of December, 1815, by George W. Hurtt against John Eschbach, to recover damages for the malicious prosecution of Hurtt by Eschbach. Hurtt was prosecuted on the charges, 1st, of obtaining money under false pretences, and 2nd, for a certain misdemeanor.
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Appeal from the Superior Court of Baltimore City. This suit was brought in the Superior Court of Baltimore City, on the 11th day of December, 1815, by George W. Hurtt against John Eschbach, to recover damages for the malicious prosecution of Hurtt by Eschbach. Hurtt was prosecuted on the charges, 1st, of obtaining money under false pretences, and 2nd, for a certain misdemeanor. On both charges the verdict of the jury was, “not guilty;” whereupon he brought suit against Eschbach, the prosecuting witness, alleging injury by said prosecution, 1st, in his credit and reputation, being thereby…
1Opinion of the CourtMiller, J.
This is an action for malicious prosecution, brought by the appellee against the appellant. The declaration avers *64in substance, that the defendant falsely and maliciously and without any reasonable or probable cause, charged the plaintiff with having obtained from him four dollars under false pretences, and on this charge, caused him to he arrested, and brought before a justice of the peace, and detained and imprisoned until he was discharged by the magistrate. It then in its allegations respecting damages, avers and charges that by reason of the premises, the plaintiff hath been, and is…
2Cited by11 opinions
- Plank v. SummersCourt of Appeals of Maryland · 1954
- Rubin v. Town of ArlingtonMassachusetts Supreme Judicial Court · 1951
- Scotland County v. HillSupreme Court of the United States · 1884
- Markley v. StateCourt of Appeals of Maryland · 1938
- Missouri Pac. Ry. Co. v. CastleCourt of Appeals for the Eighth Circuit · 1909
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