Torsch v. Dell
Court of Appeals of Maryland
Appeal from a judgment of the Baltimore City Court (Phelps, J.). At the trial the following prayers were offered: Plaintiff’s ist Prayer. — If the jury shall find from the evidence that the plaintiff was indicted, tried and acquitted in the Criminal Court of Baltimore on the charge set forth in the record of that Court and the docket entries read in evidence; and shall find that the defendants, Charles H. Torsch and Frederick A. Torsch, aided and assisted in procuring the…
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Appeal from a judgment of the Baltimore City Court (Phelps, J.). At the trial the following prayers were offered: Plaintiff’s ist Prayer. — If the jury shall find from the evidence that the plaintiff was indicted, tried and acquitted in the Criminal Court of Baltimore on the charge set forth in the record of that Court and the docket entries read in evidence; and shall find that the defendants, Charles H. Torsch and Frederick A. Torsch, aided and assisted in procuring the arrest and prosecution of the plaintiff under such circumstances as would not have induced a reasonable and dispassionate…
1Opinion of the CourtPage, J.
This suit is an action for malicious prosecution. One of the instructions asked for by the defendants being that there was no evidence sufficient in law to enable the plaintiff to recover, it becomes necessary to examine all the evidence offered at the trial. On the 16th of February, 1897, the appellee was charged with the larceny of certain books, valued at $2,500, belonging to the C. H. Pearson Packing Company, and subsequently was tried on indictment, and acquitted by the Criminal Court of Baltimore City.
It is charged in the narr. that the arrest was maliciously procured by the appellants…
2Cases cited4 opinions
- Boyd v. CrossCourt of Appeals of Maryland · 1872
- Cooper v. UtterbachCourt of Appeals of Maryland · 1873
- Johns v. MarshCourt of Appeals of Maryland · 1879
- Thelin v. DorseyCourt of Appeals of Maryland · 1883
3Cited by17 opinions
- Montgomery Ward v. WilsonCourt of Appeals of Maryland · 1995
- Banks v. Montgomery Ward & Co.Court of Appeals of Maryland · 1974
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Nance v. GallCourt of Appeals of Maryland · 1946
- Wesko v. G.E.M., Inc.Court of Appeals of Maryland · 1974
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