Campbell v. Finney
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Jilleghany county. This was an action on the case for a malicious prosecution, brought by Robert Finney against Nathan G. Campbell, the plaintiff in error, to recover damages under the act of 1705, which enacts that “ if any person, &c. shall be imprisoned or prosecuted without probable cause, he shall have double damages against the informer- or prosecutor, to be recovered by an action at common law.”
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WRIT of error to the court of common pleas of Jilleghany county. This was an action on the case for a malicious prosecution, brought by Robert Finney against Nathan G. Campbell, the plaintiff in error, to recover damages under the act of 1705, which enacts that “ if any person, &c. shall be imprisoned or prosecuted without probable cause, he shall have double damages against the informer- or prosecutor, to be recovered by an action at common law.” The plaintiff below in his declaration counted on the statute, and the jury found a general verdict for the plaintiff for 450 dollars damages. The…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It would seem to be, under the act in question, rather the province of the jury than the court to find the double damages given by the act. That the jury have the power, under the direction of the court, there can be no doubt; and this was the method pursued in Rees v. Emerick et al., 6 Serg. & Rawle 286. That was an action on the act of the 21st of March 1772, which declares, that if a distress and sale shall be made, when no rent is in arrear, the owner of the goods distrained and sold may, by action of trespass,or on the case, recover…
2Cases cited1 opinion
- Rees v. EmerickSupreme Court of Pennsylvania · 1820
3Cited by3 opinions
- Foster v. WaybrightSupreme Court of Pennsylvania · 1951
- Henning v. KeiperSuperior Court of Pennsylvania · 1908
- Clark v. SargeantSupreme Court of Pennsylvania · 1886