Whiteside v. Lowney
Massachusetts Supreme Judicial Court
Tort, for malicious prosecution. At the trial in the Superior Court, before Bond, J., the jury returned a verdict for the plaintiff ; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
This is an action for malicious prosecution, in causing the plaintiff to be arrested and bound over on a charge of larceny. The grand jury returned “No bill.” The alleged *432larceny consisted in taking from the possession of William A. Sheehan, a constable, goods which he had attached on a writ in favor of the defendant against the plaintiff, and had stored in certain premises which the plaintiff broke open and from which he assisted in carrying away the goods. If the goods had been taken by the plaintiff with a felonious intent, it would have constituted a larceny of them from Sheehan.…
2Cases cited4 opinions
- Commonwealth v. McCarthyMassachusetts Supreme Judicial Court · 1876
- Dorr v. Tremort National BankMassachusetts Supreme Judicial Court · 1880
- Priest v. Inhabitants of GrotonMassachusetts Supreme Judicial Court · 1870
- Commonwealth v. GreeneMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- In re Mason's WillSupreme Court of Vermont · 1909
- Thomson v. CarruthMassachusetts Supreme Judicial Court · 1914
- Bingham v. CommissionerUnited States Board of Tax Appeals · 1929
- State v. LewisSupreme Court of Iowa · 1908