Sisk v. Hurst
West Virginia Supreme Court
This was an action 'of trespass on the case, brought, by William Sisk an infant who sued by George W. Sisk his next friend, in the county of Harrison.
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This was an action 'of trespass on the case, brought, by William Sisk an infant who sued by George W. Sisk his next friend, in the county of Harrison. The suit was commenced in October, 1863, and was finally heard in the circuit court at the June term, 1864. The plaintiff in his declaration averred that the defendant, Shadrack Hurst, had on the 29th day of September, 1863, gone before a justice of the county and falsely and maliciously charged, without probable or reasonable cause therefor, that the plaintiff together with one .John Mills and others had assaulted and beaten the defendant with…
1Opinion of the Court
Berkshire, President.
The errors assigned and complained of by the plaintiff in error, are that the court below improperly admitted the evidence of the witnesses, Shuttlesworth and Palta, introduced' by the defendant in error, mentioned in the two bills of exception taken by the plaintiff in error, and. likewise in giving the instructions asked for by the defendant in error mentioned in the 2nd of said bills of exception.
¥e are of opinion, that it was competent for the defendant to introduce this testimony for the purpose of repelling the charge of malice on his part, in suing out the warrant…
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