Jones v. Finch

Citations

• 84 Va. 204
• 4 S.E. 342
• 1887 Va. LEXIS 23

Syllabus

<p>1. Practice at common law—Malicious prosecution—Declaration—Demurrer—■ Case at bar.—In action for malicious prosecution, fourth count of declaration substantially alleges that maliciously, and without any probable cause, the defendant had plaintiff arrested on a warrant procured by defendant from a United States commissioner, by whom, upon consideration of all the evidence, he the plaintiff was acquitted and discharged, and that the prosecution was wholly ended and determined. To this count defendant demurred.</p> <p>Held:</p> <p>Demurrer overruled.</p> <p>2. Idem—U. S. Commissioner—Justice of the peace.—Upon principle, there is no distinction between the effect of the judgment of a U. S. Commissioner and that of a justice of the peace in this State.</p>