Jacobs v. Mann

The defendant’s demurrer to the plaintiff’s

declaration was sustained with an order that no amendment be allowed. The plaintiff’s appeal from the order sustaining the demurrer is before us rightly. G. L. (Ter. Ed.) c. 231, § 96. Morrill v. Crawford, 278 Mass. 250. Gallo v. Foley, 299 Mass. 1.

The action is in tort and the' declaration is as follows: *259“Plaintiff says that on or about the 31st day of July, 1934 the defendant, in order to injure the plaintiff in his profession and to disgrace, degrade, defame and prosecute him, with express malice and without probable cause, of his own initiation,…