Dennehey v. Woodsum
Massachusetts Supreme Judicial Court
Tort for malicious prosecution. The declaration contained *wo counts, of which the substance was as follows: The first count alleged that the defendant, on or about November 5,1866, falsely and maliciously complained to a tria, justice for Norfolk that the plaintiff wilfully and maliciously injured the defendant’s horse; and procured a warrant on this complaint, and caused the plaintiff to be arrested thereon and taken before the justice; and then and there falsely testified…
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Tort for malicious prosecution. The declaration contained *wo counts, of which the substance was as follows: The first count alleged that the defendant, on or about November 5,1866, falsely and maliciously complained to a tria, justice for Norfolk that the plaintiff wilfully and maliciously injured the defendant’s horse; and procured a warrant on this complaint, and caused the plaintiff to be arrested thereon and taken before the justice; and then and there falsely testified that the plaintiff did commit the injury; “ and thereupon” the justice found the plaintiff guilty, and ordered him to…
1Opinion of the CourtWells, J.
Absence of probable cause for the criminal charge is essential to the maintenance of an action for malicious prosecution. It must be made distinctly to appear by the averments of the declaration. It is not alleged affirmatively in either count of the declaration in this case.
In the first count it is alleged that the plaintiff was convicted of the criminal charge before the trial justice, but, upon appeal to the superior court, was there acquitted. This does not show want of probable cause. On the contrary, it is ordinarily held to be conclusive evidence of probable cause, and to defeat the…
2Cited by19 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Higgins v. PrattMassachusetts Supreme Judicial Court · 1944
- Moody v. DeutschSupreme Court of Missouri · 1884
- Dowdell v. CarpyCalifornia Supreme Court · 1900
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