Stewart v. Thompson
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an action on the case for malicious prosecution. Alexander S. Thompson, the father of the plaintiff below, who was a minor, hired a horse and buggy from E. C. Stewart for three days ; and after keeping them away for six or seven days, returned the horse in a damaged condition without the buggy.
Read the full summary
Error to the Common Pleas of Allegheny county. This was an action on the case for malicious prosecution. Alexander S. Thompson, the father of the plaintiff below, who was a minor, hired a horse and buggy from E. C. Stewart for three days ; and after keeping them away for six or seven days, returned the horse in a damaged condition without the buggy. Stewart caused A. S. Thompson to be arrested, and while he was under arrest, Stewart, A. S. Thompson and William E. Thompson, the plaintiff beiow, met and agreed to arrange the matter by William E. Thompson and Alexander S. Thompson giving Stewart…
1Opinion of the Court
The opinion of the court wa§ delivered, by
Read, J.
The only point presented to this court is, that no criminal offence was charged against the plaintiff by the defendant, and therefore this action for a malicious prosecution cannot be sustained. The prosecution was commenced under an Act of April 1st 1863, relating to livery-stable keepers in Allegheny county : Pamph. L. 223.
The information before the mayor of Pittsburgh, upon which a warrant w'as issued under which the plaintiff was arrested' and *160committed to jail to answer at court, desired “ that a warrant may issue, and that the aforesaid…
2Cited by4 opinions
- Auer v. MauserSuperior Court of Pennsylvania · 1898
- Boyd v. SnyderSupreme Court of Pennsylvania · 1904
- Reel v. MartinSuperior Court of Pennsylvania · 1900
- Cowen v. Kuich, Pennsylvania Court of Common Pleas, Bucks County1940