Clark v. Forsyth

Citations

• 55 Pa. Super. 67
• 1913 Pa. Super. LEXIS 319

Syllabus

<p>Malicious prosecution — False arrest — Summons instead of warrant.</p> <p>An action for malicious prosecution cannot be maintained where it is alleged that the plaintiff was arrested on a warrant issued by a justice of the peace, but the record of the justice shows that a summons, and not a warrant was issued on the defendant’s information, that the constable returned service of a summons, and that the arrest, if any arrest was made, was made by the constable without the defendant being present, aiding, assisting, or advising it.</p>