Woodyatt v. Bank of Old York Road

Opinion by

Mr. Justice Eagen,

This is an action for malicious prosecution wherein the court below sustained preliminary objections to the complaint in the nature of a demurrer. Plaintiff appeals.

For the purposes of this appeal, all facts well pleaded in the complaint must be accepted as true: Savitz v. Weinstein, 395 Pa. 173, 149 A. 2d 110 (1959), and Robinson v. Phila., 400 Pa. 80, 161 A. 2d 1 (1960).

The complaint alleged that on April 10, 1960, the defendant-bank signed and swore to an information before a justice of the peace charging the plaintiff with having stolen or fraudulently…