Friel v. Plumer
Supreme Court of New Hampshire
Case. Writ dated November 2, 1895. The declaration contained three counts; (1) Eor maliciously bringing a civil action against the plaintiff; (2) for maliciously attaching the plaintiff’s household furniture, exempt from attachment; (3) trespass de bonis asportatis. Facts found by a referee. August 13,1895, the defendants brought an action against the plaintiff and caused all her furniture exempt from attachment to be attached on the writ.
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Case. Writ dated November 2, 1895. The declaration contained three counts; (1) Eor maliciously bringing a civil action against the plaintiff; (2) for maliciously attaching the plaintiff’s household furniture, exempt from attachment; (3) trespass de bonis asportatis. Facts found by a referee. August 13,1895, the defendants brought an action against the plaintiff and caused all her furniture exempt from attachment to be attached on the writ. All of the furniture, except three articles of the value of sixteen dollars, was released to the plaintiff upon demand. November 6, 1895, the defendants…
1Opinion of the CourtParsons, J.
The ground of the plaintiff’s claim at the present time is not the malicious prosecution of a civil suit against her. It is conceded that no such cause of action arises upon the facts, because the defendants’ suit against the plaintiff had not been terminated when the present suit was commenced, and the recovery by the present defendants in the former suit establishes that that suit was not brought without probable cause. Davis v. Clough, 8 N. H. 157; Cool. Torts 181, 185; 2 Gr. Ev.,ss. 452, 453. “ For maliciously prosecuting a good cause of action in the manner provided by law, for the…
2Cases cited2 opinions
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1884
- O'Brien v. BarryMassachusetts Supreme Judicial Court · 1871
3Cited by18 opinions
- Vratsenes v. N. H. Auto, Inc.Supreme Court of New Hampshire · 1972
- Flisrand v. MadsonSouth Dakota Supreme Court · 1915
- Borough of Ford City v. United StatesCourt of Appeals for the Third Circuit · 1965
- Cohn v. SaidelSupreme Court of New Hampshire · 1902
- State v. NolegsSupreme Court of Oklahoma · 1914
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