Cole v. Reece
Superior Court of Pennsylvania
Appeal, No. 12, March T., 1911, by plaintiff, from order of C. P. Columbia Co., refusing to take off nonsuit in case of Joseph Cole v. J. L. Reece. Trespass for malicious prosecution. Before Evans, P. J. The facts are stated in the opinion of the Superior Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action grew out of a prosecution against him for forcible entry and detainer, in which prosecution after the lapse of four or five terms of the court of quarter sessions the grand jury ignored the indictment. If the plaintiff in presenting his case at the trial had rested on the evidence showing that the defendant instituted the criminal proceeding and that the bill was thrown out by the grand jury, he would have presented a prima facie case, *215but testimony was introduced showing the circumstances under which he took possession of and retained the…
2Cases cited4 opinions
- Robitzek v. DaumSupreme Court of Pennsylvania · 1908
- Boyd v. KerrSupreme Court of Pennsylvania · 1907
- Gilliford v. WindelSupreme Court of Pennsylvania · 1885
- Mahaffey v. ByersSupreme Court of Pennsylvania · 1892
3Cited by6 opinions
- Taylor v. American International Shipbuilding Corp.Supreme Court of Pennsylvania · 1922
- McCoy v. KalbachSuperior Court of Pennsylvania · 1912
- Trautman v. WillockSuperior Court of Pennsylvania · 1926
- Bosley v. GerritySuperior Court of Pennsylvania · 1913
- Herscovitz v. LinderSuperior Court of Pennsylvania · 1920
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