Brown v. Wimpenny
Massachusetts Supreme Judicial Court
Two actions of tort against Theodore S. Wimpenny, Alfred A. Averill and George N. Cleveland for malicious prosecution. Writs dated November 7, 1917. The declaration as amended in the first action was in four counts, the first count alleging that the defendants maliciously and without probable cause on or about August 1, 1916, charged the plaintiff with the crime of selling liquor and that he was arrested, tried and acquitted; the second count alleging that on or about July…
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Two actions of tort against Theodore S. Wimpenny, Alfred A. Averill and George N. Cleveland for malicious prosecution. Writs dated November 7, 1917. The declaration as amended in the first action was in four counts, the first count alleging that the defendants maliciously and without probable cause on or about August 1, 1916, charged the plaintiff with the crime of selling liquor and that he was arrested, tried and acquitted; the second count alleging that on or about July 1, 1917, the defendants with malice and without probable cause charged him with larceny and that he was arrested and…
1Opinion of the CourtJenney, J.
Everett C. Brown, the plaintiff in one of the cases now decided, in the different counts of his declaration alleges in substance that the defendants maliciously and without probable cause instituted or caused to be instituted criminal proceedings against him which have terminated in his favor; that they entered into a conspiracy to force him to leave the town of Edgartown in which he carried on business as a barber, and to effectuate said purpose caused complaints to be made in the District Court of the County of Dukes County, charging him with the crime of larceny, hired counsel to prosecute…
2Cases cited8 opinions
- Stiles v. Municipal CouncilMassachusetts Supreme Judicial Court · 1919
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Barry v. SmithMassachusetts Supreme Judicial Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. CapalboMassachusetts Supreme Judicial Court · 1941
- Hicks v. H. B. Church Truck Service Co.Massachusetts Supreme Judicial Court · 1927
- Commonwealth v. BarkerMassachusetts Supreme Judicial Court · 1942
- Abele v. DietzMassachusetts Supreme Judicial Court · 1942
- Jackson v. MateusUtah Supreme Court · 2003
3 more not listed; retrieve them via the Exa API.