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Bay, J., delivered the opinion of the whole court, that the non-suits had been properly ordered, and to sustain actions for a malicious prosecution for felony, it is necessary, that Upon acquittal-, the court, in which the prosecution .has been tried, and where the acquittal has taken place, should grant an order, that the party acquitted, should have leave to take a copy of the record and acquittal, in order to entitle the plaintiff to give the same in evidence ; and that it is discretionary in such court to grant or withhold such order ; and that it is usual to deny it, where there has been any, the least probable, ground on which to found, such a prosecution.
Motions discharged.
Document Info
Citation Numbers: 4 S.C.L. 144
Judges: Bay
Filed Date: 4/15/1807
Precedential Status: Precedential
Modified Date: 10/18/2022