Schofield v. Ferrers
Supreme Court of Pennsylvania
Certified from the Supreme Court at Nisi Prius. This was an action on the case, by William Warren Ferrers against Benjamin Schofield, to recover damages for malicious prosecution. Schofield, who was a liverv-stable keeper in Philadelphia, made an information against Ferrers, charging him with the larceny of a horse, on which a warrant was issued, the defendant arrested, a bill found by the grand jury, and the defendant put upon his trial, which resulted in his acquittal.
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Certified from the Supreme Court at Nisi Prius. This was an action on the case, by William Warren Ferrers against Benjamin Schofield, to recover damages for malicious prosecution. Schofield, who was a liverv-stable keeper in Philadelphia, made an information against Ferrers, charging him with the larceny of a horse, on which a warrant was issued, the defendant arrested, a bill found by the grand jury, and the defendant put upon his trial, which resulted in his acquittal. The testimony showed that the parties had some dealings together, by which Ferrers became indebted to Schofield. Ferrers…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
That to maintain an action on the case for a malicious prosecution, both want of probable cause for the prosecution and malice in the defendant must be affirmatively shown, is familiar doctrine. Whether there was probable cause is a mixed question, partly for the court and partly for the jury. The court must determine what it is, but the jury must find the facts which are material to the question. When the facts are controverted, and in some cases where the actual belief of the prosecutor enters into the consideration of the question, a…
2Cited by15 opinions
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