Scott v. Dewey
Superior Court of Pennsylvania
Appeal, No. 114, April T., 1903, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1903, No. 90, for defendant non obstante veredicto in case of C. A. Scott v. Edward W. Dewey. Trespass for malicious prosecution. Before Patton, P. J. The facts are stated in the opinion of the Supérior Court. At the trial the court reserved two questions of law as follows: “ In this case we reserve two questions of law for our determination hereafter.
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Appeal, No. 114, April T., 1903, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1903, No. 90, for defendant non obstante veredicto in case of C. A. Scott v. Edward W. Dewey. Trespass for malicious prosecution. Before Patton, P. J. The facts are stated in the opinion of the Supérior Court. At the trial the court reserved two questions of law as follows: “ In this case we reserve two questions of law for our determination hereafter. First, whether or not there is any evidence to submit to the jury of want of probable cause, in bringing the criminal prosecutions, with the right to…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff brought this action to recover damages for malicious prosecution. The defendant instituted criminal proceedings against the plaintiff in the court of quarter sessions of Armstrong county, in which cases indictments were found, in that court at No. 16 and No. 18, December sessions, 1901. The indictments are not printed in the paper-book, but the charges preferred by the prosecutor were for the fraudulent conversion of oil and misappropriation of the proceeds thereof, and are described in the complaints made before the committing magistrate as “ false…
2Cases cited15 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Newhard v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Cooper v. William R. Hart & Co.Supreme Court of Pennsylvania · 1892
- Smith v. EgeSupreme Court of Pennsylvania · 1866
- Bernar v. DunlapSupreme Court of Pennsylvania · 1880
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3Cited by4 opinions
- Squires v. JobSuperior Court of Pennsylvania · 1912
- Sheldrake v. RumpfSuperior Court of Pennsylvania · 1917
- Trautman v. WillockSuperior Court of Pennsylvania · 1926
- Macdonald v. SchroederSuperior Court of Pennsylvania · 1905