Whitfield v. Westbrook
Mississippi Supreme Court
Eeeoe to the Circuit Court of Monroe county. Hon. W. H. Killpatrick, judge. Tbis was an action of trespass on tbe case, brought by Bluford Westbrook against Hatch Whitfield and Wiley Howell, to recover damages for maliciously prosecuting Westbrook on a chai’ge of larceny. To the declaration, which was in the usual form, defendants in the court below pleaded not guilty.
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Eeeoe to the Circuit Court of Monroe county. Hon. W. H. Killpatrick, judge. Tbis was an action of trespass on tbe case, brought by Bluford Westbrook against Hatch Whitfield and Wiley Howell, to recover damages for maliciously prosecuting Westbrook on a chai’ge of larceny. To the declaration, which was in the usual form, defendants in the court below pleaded not guilty. On the trial the following testimony was adduced by plaintiff: Record of prosecution before justice of the peace. The affidavit, made by Howell, states that Bluford Westbrook did, on the 20th day of December, 1862, feloniously…
1Opinion of the CourtHarris, J.
Defendant in error brought tiffs action, in the court below, to recover of plaintiff in error damages for a malicious prosecution. Upon the issue joined, there was a jury and verdict for defendant in error, and judgment; and the cause is prosecuted here, upon writ of error, to reverse that judgment.
The errors relied on, appear by a bill of exceptions taken and allowed on the trial. By this bill of exceptions, it appears that a motion was made for a new trial, which was refused. No motion, or judgment thereon, appears on the record, otherwise than by the bill of exceptions. In the case of the…
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