Owens v. Owens

Citations

• 81 Md. 518
• 32 A. 247
• 1895 Md. LEXIS 70

Syllabus

<p>Malicious Prosecution— Testimony of Foreman of Grand Jury — ■ Certificate by Trial Judge as to Testimony not Contained in Bill of Exceptions.</p> <p>In an action for malicious prosecution, it was held upon the facts that the evidence was sufficient to authorize the jury to find that the defendant caused the plaintiff’s arrest, that the same was without probable cause and malicious, and that the prosecution was at an end.</p> <p>In such action, when, in order to show the end of the prosecution, the foreman of the grand jury has testified that the case against the plaintiff was dismissed, it is not competent to ask him on cross-examination why it was dismissed, for the purpose of showing that the prosecution was abandoned at the instance of the defendant. Different reasons may have influenced different grand jurors, and in most cases they should not be permitted to assign reasons for their actions.</p> <p>In an action for malicious prosecution, evidence that after the arres and imprisonment of the plaintiff, efforts were made by the defendant to have the prosecution dismissed is not admissible, either in bar of the suit or in mitigation of damages.</p> <p>The certificate of the trial Judge, contained in the record, as to what was proved at the trial, will be considered on appeal, although not embodied in a bill of exception, when such certificate refers to the matter of the exception.</p> <p>An exception was taken to the action of the trial Court in rejecting certain evidence. Subsequently this fact was proved in the case by another witness, and it was so stated in a certificate of the trial Judge filed the same day as the bill of exception. Held, that such certificate would be considered on appeal in connection with the exception.</p>