Prough v. Entriken
Supreme Court of Pennsylvania
Error to the Common Pleas of Huntingdon. May 29. This was an action on the case for malicious prosecution, in which Christian Prough was plaintiff, and James Entriken was defendant. The facts of the case were these:— 'On the 12th August, 1845, Entriken instituted a prosecution against Prough and his brothers for “ conspiracy to secrete away Prough’s property, in order to cheat and defraud his creditors.”
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Error to the Common Pleas of Huntingdon. May 29. This was an action on the case for malicious prosecution, in which Christian Prough was plaintiff, and James Entriken was defendant. The facts of the case were these:— 'On the 12th August, 1845, Entriken instituted a prosecution against Prough and his brothers for “ conspiracy to secrete away Prough’s property, in order to cheat and defraud his creditors.” Upon the warrant issued by the justice the defendant was arrested and committed to the county jail. Prough, it would seem from the evidence, was indebted to Entriken to a considerable amount.…
1Opinion of the Court
The opinion of this court was delivered by
Rogers, J.
Although the learned judge throughout his charge evinces a_ strong leaning in favour of the defendant, and has intimated his opinion to that effect in language, which it was difficult for the jury to misapprehend, that, as has been repeatedly ruled, is no cause of reversal; nor do we perceive anything else in the trial to which just exception can be taken, except the answer to the plaintiff’s second point. The court was requested to instruct the jury, that if they believed that the defendant instituted the prosecution and made the arrest for…
2Cited by13 opinions
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- Marlatte v. WeickgenantMichigan Supreme Court · 1907
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