165 Pa. 558 | Pa. | 1895
Opinion by
The offer of testimony, the rejection of which is the subject of the first assignment of error, went only to show that, after a statement made by the plaintiff to the magistrate of the occurrences upon which the charge of larceny was based, that officer took the information and issued the warrant. It did not go to the extent of showing that the prosecution was commenced under the advice of the magistrate, and it was not helped by the statement of what was intended to be shown by it. An offer of testimony maj^ be explained, but it cannot be enlarged Iry a statement of its purpose. It must stand or fall as made. The assignment therefore does not raise the question whether in an action for malicious prosecution it is competent to prove, as tending to rebut the presumption of malice, that the prosecution was instituted by the advice of a magistrate sought in good faith before the commencement of proceedings and given and acted upon after a full and frank disclosure of all the facts, and it is unnecessary now to consider it.
The fourth assignment is based upon the alleged insufficiency of the statement of the cause of action in that it “ does not contain the averment that the proceedings before the alderman were fully ended and determined before the suit was brought.” It is set out in the statement that the alderman, after hearing, announced that the charge of larceny was not sustained, and
The judgment is affirmed.