Allen v. . Greenlee
Supreme Court of North Carolina
From Haywood. - This was an action on the case for a malicious prosecution. The Defendant pleaded the general issuej and on the trial before his Honor Judge Daniei, the following facts were given in evidence. The Defendant had procured the Plaintiff to be arrested under a State’s warrant, for beating and harrass-ing the cattle of the Defendant, and driving them from their range on' his, the Defendant’s, land.
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From Haywood. - This was an action on the case for a malicious prosecution. The Defendant pleaded the general issuej and on the trial before his Honor Judge Daniei, the following facts were given in evidence. The Defendant had procured the Plaintiff to be arrested under a State’s warrant, for beating and harrass-ing the cattle of the Defendant, and driving them from their range on' his, the Defendant’s, land. While the Plaintiff was under arrest, the Defendant abused him very grossly, struck him, and spit in his face. Upon the examination, the. Plaintiff was discharged by the Magistrate. The…
1Opinion of the Court
Ruffin, Judge.
It is proper, that the boundaries of actions should not be confounded j but that for every wrong the appropriate remedy should be pursued. An action of - trespass lies for all injuries, of which forro is the immediate cause, and for which the Defendant cannot produce a justification. If one person cause another ío be arrested without process, it is a trespass and false imprisonment. So if he arrest him upon process that is void in itself, or is issued by a Court or magistrate having no jurisdiction. An action for malicious prosecution, on the other hand, is a special action on…
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