Byers v. Ward

Opinion by

Mr. Justice Allen M. Stearne,

The three appeals are by a father and his two sons (plaintiffs) from a. judgment by the court below sustaining preliminary objections to the complaint and amendment in trespass for false arrest, in a criminal proceeding instituted by a husband and wife (defendants). The grand jury returned a true bill. Upon trial the defendants (plaintiffs herein) were acquitted and the costs were imposed on the prosecutors (defendants herein). The court below, as matter of law, decided that there existed probable cause for thé criminal prosecution. It reached this…