Wheeler v. Hanson
Massachusetts Supreme Judicial Court
Tort, for the malicious prosecution against the plaintiff of a charge of embezzlement, Writ dated April 18, 1892. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows.
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Tort, for the malicious prosecution against the plaintiff of a charge of embezzlement, Writ dated April 18, 1892. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions, in substance as follows. One Ingalls, clerk of the Municipal Court of the City of Boston for the transaction of criminal business, against the objection of the defendant, read the complaint charging the plaintiff with embezzlement, and the docket entries of that court in relation thereto, and testified that, according to the usual practice in that court, he caused an attested copy of the complaint to…
1Opinion of the CourtMorton, J.
The first objection by' the defendant to the admission of evidence did not result in an exception, and need not, therefore, be considered.
We discover no error in regard to the admission of evidence to show that the prosecution had terminated. The substitution of the letter P for the letter F as the initial of the plaintiff’s middle name was wholly a clerical mistake, and the plaintiff was properly allowed to show that fact and that he was the person meant. Wood v. Le Baron, 8 Cush. 471. In an action against the plaintiff’s sureties on his recognizance, it. could have been shown that the…
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