Alianell v. Hoffman

Per Curiam,

Plaintiff appeals from the refusal of the court below to take off a nonsuit entered against him in an action of trespass to recover damages for malicious prosecution. The record shows that plaintiff was arrested on a charge of receiving stolen goods and detained in jail overnight. On the following day, at the hearing before a magistrate, the prosecutor (appellee here), at appellant’s request, agreed to withdraw the charges in consideration of a payment of twenty dollars and the return of the goods in question. This settlement was carried out and the warrant withdrawn.

It is clear…