King v. Lejko

Opinion by

Keller, J.,

We think the plaintiff’s statement sufficiently set forth that the prosecution for larceny, which formed the basis for this action, was begun and carried on maliciously and without probable cause. It averred that the complaint was made pursuant to a conspiracy on the part of the defendants “maliciously to prosecute the plaintiff without foundation in fact for said charge;” that the charge was false; the plaintiff’s arrest and imprisonment and his discharge by the magistrate; and “that said arrest was unwarranted and wholly without basis in fact. ’ ’ In Farmer v. Darling,…