Graves v. Dawson
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. Writ dated April 20, 1878. The declaration alleged that the defendant, maliciously and without probable cause therefor, caused a complaint to be sworn out before a trial justice of the county of Hampshire, wherein the plaintiff was charged with the crime of larceny of sundry articles alleged to be the property of the defendant, and of the value of $175 ; that thereupon the justice issued his warrant for the arrest of the plaintiff, which was…
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Tort for malicious prosecution. Writ dated April 20, 1878. The declaration alleged that the defendant, maliciously and without probable cause therefor, caused a complaint to be sworn out before a trial justice of the county of Hampshire, wherein the plaintiff was charged with the crime of larceny of sundry articles alleged to be the property of the defendant, and of the value of $175 ; that thereupon the justice issued his warrant for the arrest of the plaintiff, which was duly served, and the plaintiff was brought into court; that the defendant, wrongfully and without probable cause,…
1Opinion of the CourtLord, J.
We think it was error in the Superior Court to sustain the demurrer in this case. The principal ground upon which it is contended that the demurrer should be sustained is that it appears by the declaration that the prosecution claimed to have been malicious was terminated by a nolle prosequi, and that a nolle prosequi is not such a legal termination of a suit as the plaintiff is required to show in order to maintain his action of malicious prosecution. Parker v. Farley, 10 Cush. 279, is relied upon in support of this proposition.
That case has been so many times referred to as supporting such…
2Cases cited1 opinion
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
3Cited by11 opinions
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Wynne v. RosenMassachusetts Supreme Judicial Court · 1984
- Bannon v. AugerMassachusetts Supreme Judicial Court · 1928
- Rust v. PageCourt of Appeals of Texas · 1932
- Darnell v. SalleeIndiana Court of Appeals · 1893
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