Garvey v. Wayson
Court of Appeals of Maryland
Appeal from the Circuit Court for Howard County. This was an action brought by the appellant in the Court of Common Pleas against the appellee for maliciously charging the plaintiff with theft, and procuring a search warrant against him. The case was subsequently removed to the Circuit Court for Howard County, where it was tried. The defendant pleaded “not guilty.”
Read the full summary
Appeal from the Circuit Court for Howard County. This was an action brought by the appellant in the Court of Common Pleas against the appellee for maliciously charging the plaintiff with theft, and procuring a search warrant against him. The case was subsequently removed to the Circuit Court for Howard County, where it was tried. The defendant pleaded “not guilty.” First Exception. — During the trial the plaintiff offered to prove that pursuant to the regular and uniform custom of the detective police department, the name of the plaintiff was entered upon the detective police annals of said…
1Dissent
Stewart, J.,
delivered the following dissenting opinion:
This was an action for malicious prosecution.
The testimony proposed by the appellant in the first exception, that his name was entered in the annals of the detective police department, according to its uniform custom, in consequence of the charge alleged against him by the appellee, was irrelevant and immaterial, not being within the issues and was properly rejected by the Circuit Court.
The appellant’s second exception was to the refusal of his second, third and fourth prayers, and to the instructions of the Court.
The second prayer of the…
2Cases cited10 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Boyd v. CrossCourt of Appeals of Maryland · 1872
- Stansbury v. FogleCourt of Appeals of Maryland · 1873
- Cecil v. ClarkeCourt of Appeals of Maryland · 1861
- Straus v. YoungCourt of Appeals of Maryland · 1872
5 more not listed; retrieve them via the Exa API.