Clement v. Major

This was an action brought by the appellant in February, 1890, to recover damages for his arrest and imprisonment on criminal proceedings alleged to have been-instigated against him by Major. They were initiated by a complaint sworn to by the defendant and filed with a justice. It was contended that in instituting and carrying on this proceeding the defendant acted maliciously and without probable cause. The cause came on for trial before a jury, and upon the conclusion of the plaintiff’s testimony he was nonsuited. It is this error which furnishes the basis of the present appeal. The nature…