Secor v. Babcock

Headnote

B. was arrest-ted and bro’t before a magistrate, on a charge made by S. of a suspicion of felony, and the justice being satisfied that the suspicion was groundless, discharged him. It was held that an action for malicious prosecution would lie against S. A magistrate, if he be satisfied that there is no cause for a commitment, maydischarge the party accused.

This cause came before the court on a writ of error from the court of common pleas of Orange county. The defendant in error brought his action against the plaintiff in error, in the court below, for a malicious prosecution. The declaration charged, that the defendant below, maliciously and falsely, and without a probable cause, had procured a justice of the peace to issue a warrant to apprehend the plaintiff, provided a certain cow, which the defendant made oath bad been stolen from him, and which he suspected to be in the possession of the plaintiff, should be found in the possession of the plaintiff. The declaration further alleged, that the cow in question was never in the plaintiff’s possession, but that he was arrested, notwithstanding, on the warrant, and brought before the justice, who, upon his examination, and after hearing and considering every thing that could be said or alleged against him, on the complaint of the defendant, wholly acquitted and disharged the plaintiff from the said supposed crime. The defendant pleaded not guilty. The jury found a verdict for the plaintiff.