Magnussen v. Shortt

Citations

• 200 Pa. 257
• 49 A. 783
• 1901 Pa. LEXIS 478

Syllabus

<p>Justice of the peace—Notice of purpose of bringing action—Act of March 21, 1772—Malicious prosecution.</p> <p>Where A makes information before a justice of the peace that B has taken his property “ without leave or right,” not charging the taking to have been done feloniously, and B is arrested on a warrant based on this information charging a felonious taking and held to bail to answer a charge of larceny, and no notice is served on the justice of the peace before suit brought as provided by the act of March 21, 1772, neither A nor the justice of the peace is liable in an action of trespass for malicious prosecution.</p>