Charlton v. Markland

Mount, J. —

This was an action to recover damages for a malicious prosecution. The complaint alleged that the defendant had sworn to a complaint, before a United States court commissioner, charging the plaintiff with having unlawfully cut timber and cord wood from the public lands of the United States, for the purpose of selling said timber and cord wood; that the plaintiff was arrested, tried, and acquitted of said charge; and that the defendant made the charge and caused the arrest of the plaintiff without probable cause, maliciously, for the purpose of annoying and harassing plaintiff and…