Baird v. Householder
Supreme Court of Pennsylvania
Error to the Common Pleas of Washington county. This was an action on the case for malicious prosecution, by George Householder against Thomas H. Baird. The declaration, as originally framed, was in case for malicious prosecution; and on the trial the court permitted an amendment to be filed, charging a malicious arrest on a criminal warrant.
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Error to the Common Pleas of Washington county. This was an action on the case for malicious prosecution, by George Householder against Thomas H. Baird. The declaration, as originally framed, was in case for malicious prosecution; and on the trial the court permitted an amendment to be filed, charging a malicious arrest on a criminal warrant. On the 18th August 1854, the defendant caused a warrant to be issued by a justice of the peace, charging the plaintiff “ with taking and carrying away from the farm of deponent a quantity of oats straw (which had been raised and cut on said farm by…
1Opinion of the Court
The opinion of the court was delivered by
Church, J. —
The information and complaint which constitutes the foundation of the alleged malicious prosecution, by the plaintiff in error, charged upon plaintiff below, nothing hut a simple trespass, in no way amenable to the criminal jurisdiction of the justice, nor cognisable in the Quarter Sessions. And the warrant issued thereon, and under which the plaintiff below was arrested, and bound over to answer, did not in the least amplify or change the nature and character of the charge. As respects a criminal prosecution, therefore, the information and…
2Cited by7 opinions
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- Schwatka v. DavidsonSuperior Court of Pennsylvania · 1918
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