MacDonald v. Schroeder
Supreme Court of Pennsylvania
Appeal, No. 203, Jan. T., 1905, by plaintiff, from judgment of Superior Court, Oct. T., 1904, No. 134, reversing judgment of C. P. No. 1, Phila. Co., March Term, 1903, No. 3,223, in case of David S. MacDonald v. Jay N. Schroeder. Appeal from judgment of Superior Court. The facts appear by the opinion of the Supreme Court and by the report in 28 Pa. Superior Ct. 128. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This action is based on an alleged malicious prosecution. The question to be determined is whether a verdict of guilty returned by a jury, then set aside by the court, a new trial granted, followed by a second trial and a verdict of not guilty, is conclusive evidence of probable cause.
An information was made by Schroeder, charging MacDonald with having obtained money from him by false pre*412tenses. The criminal case was tried in the court of quarter sessions of Philadelphia county, and a verdict of guilty was rendered by the jury, .whereupon the trial judge set aside…
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