Weinstein v. Gelishansky

Citations

• 66 Pa. Super. 38
• 1917 Pa. Super. LEXIS 187

Syllabus

<p>Appeals — Assignments of error — Several questions iñ one assignment.</p> <p>An. assignment of error which groups the refusal of three points for charge in one assignment, is contrary to Rule 14, and will not be considered.</p> <p>Malicious prosecution — Discontinuance of prosecution — Burden of proof.</p> <p>The discontinuance of a prosecution upon the payment of half of the costs by each party is such a termination of the proceeding before the magistrate as will raise a presumption of want of probable cause, and shift the burden of proof to the defendant in a subsequent action for malicious prosecution.</p> <p>Malicious prosecution — Malice—Collection of debt.</p> <p>Where one institutes criminal proceedings without probable cause for the purpose of collecting a debt or otherwise coercing the person arrested or sued, he is prima facie guilty of malice.</p>