Hubbard v. Lord

Citations

• 59 Tex. 384
• 2 Tex. L. R. 43
• 1883 Tex. LEXIS 177

Syllabus

<p>1. Venue — Statute construed.— The eighth exception to art. 1198, Revised Statutes, provides that when the foundation of the suit is some crime, offense or trespass for which a civil action in damages will lie, suit may be brought in the county where such crime, offense or trespass was committed. Held,</p> <p>(1) A plaintiff cannot bring suit for damages on account of a malicious prosecution in the county wherein he was arrested, when the prosecution was b 'gun in another county, and where the defendant resided, the proceedings attending the prosecution being regular.</p> <p>(2) When a prosecution is begun at the instance of an individual, the initial step is the affidavit upon which the wan ant for arrest issues. Hence, in a suit for malicious prosecution, the “ offense,” in contemplation of the eighth exception to art. 1198, Revised Statutes, is not the arrest, but the making of the affidavit, and causing the warrant to issue. The counoy in which this is done determines jurisdiction.</p> <p>(3) Under a warrant legally issued an officer can commit no trespass by executing it according to its command; if it be illegal, or issued without authority of law, he becomes a trespasser when executing it.</p>