Whaling v. Wells

The opinion of the court was delivered by

Blanchard, J.

This is an action for malicious prosecution. Damages are laid at ten thousand dollars.

The substantial averments of the plaintiff are:

That in March, 1896, defendant caused his prosecution on the charge of breach of trust and embezzlement, with intent to cheat and defraud, under Sec. 905 of the Revised Statutes.

That the affidavit was made before the recorder’s court of the city of New Orleans, from which the writ of arrest issued.

That he was brought before the recorder, sitting as a committing magistrate, and was committed to appear before…