Tisdale v. Kingman

Citations

• 34 S.C. 326
• 13 S.E. 547
• 1891 S.C. LEXIS 60

Syllabus

<p>1. Malicious Prosecution — Complaint.—In an action to recover damages for the malicious prosecution of a warrant for the enforcement of an agricultural lien, the complaint was properly held, bad on demurrer, where it failed to state the termination or discharge of the warrant in favor of the plaintiff to this action ; for this requirement applies to actions for malicious prosecution of a civil proceeding as well as of a criminal prosecution.</p> <p>2. Ibid. — Ibid.—-The allegation in the complaint that defendants caused all the crops in plaintiff's possession to be sold after the lien had been paid, does not state the termination of proceedings under the warrant; for, as it appears that thirty days had not elapsed between the sale and commencement of this action, an issue might have been made under the statute to determine whether anything was due, and other crops not in plaintiff’s possession might have been seised, and whether the lien has been paid is not pertinent on a motion to vacate the warrant.</p>