Hill v. Egan

Citations

• 160 Pa. 119
• 28 A. 646
• 1894 Pa. LEXIS 779

Syllabus

<p>Practice, Supreme Court — Pill of exceptions — Charge.</p> <p>An appeal in an action of trespass will be quashed where the record shows that no bill of exceptions was filed, and the charge, though printed in the paper-book, was not filed by the judge, or approved by him and filed of record by his order.</p> <p>Malicious prosecution — Illegal discharge by magistrate.</p> <p>An action for malicious prosecution cannot be sustained where it appears that plaintiff was arrested upon a warrant issued .at the instance of defendant, and, on hearing before the magistrate, was held to bail, but that after the hearing was thus ended, and defendant had gone away, plaintiff was discharged without the entry of the required bail.</p> <p>In such case the hearing terminated on the.holding to bail, and the magistrate had no right without notice to the prosecutor to open the case, and render a different judgment. No such illegal action on his part could ■make the defendant liable for malicious prosecution.</p>