Maddox v. Jackson
Supreme Court of Virginia
ON the trial of an action upon the case for a malicious prosecution,.in the Superior Court of Prince William Coun-? (the plea being not guilty,) the plaintiff, John Maddox, # . ,* introduced m evidence to the jury, a search warrant unaer the' hand of a justice of the peace, founded on the oath of the defendant, John Jackson, with an endorsement thereon, jtl the hand writing of another justice of the same county, - a j j > stating, that the said warrant was tried before him…
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ON the trial of an action upon the case for a malicious prosecution,.in the Superior Court of Prince William Coun-? (the plea being not guilty,) the plaintiff, John Maddox, # . ,* introduced m evidence to the jury, a search warrant unaer the' hand of a justice of the peace, founded on the oath of the defendant, John Jackson, with an endorsement thereon, jtl the hand writing of another justice of the same county, - a j j > stating, that the said warrant was tried before him on the °f September, 1809, and after afull investigation of the charges laid, therein adjudged, “ that the within charged…
1Opinion of the Court
Judge Brooke
delivered the court’s opinion as follows :
The court, considering the instruction to the jury stated in the bill of exceptions as confined to the warrant, the endorsement thereon, and the recognizance, and as not excluding from the jury the other evidence stated in the bill of exceptions, or any other testimony which might have been .offered by the plaintiff to disprove the probable cause inferible from the aforesaid proceedings before the magistrate, is of opinion, that the said instruction was correct, and no invasion of the sacred trial by jury. The inference from the…
2Cited by16 opinions
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- Brady v. StiltnerWest Virginia Supreme Court · 1895
- Miller v. BrownSupreme Court of Missouri · 1832
- Burlingame v. BurlingameNew York Supreme Court · 1828
- Hale v. BoylenWest Virginia Supreme Court · 1883
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