2 Blackf. 259 | Ind. | 1829
On the application and affidavit of MJVeely before William Richards, a justice of the peace of Washington county, a search warrant was issued; and the property described in the warrant was found in the possession of Driskill. The constable, as he was commanded, arrested Driskill and took him, with the property, before Asher Wilcox, another justice of the peace of said county; who, on hearing the cause, adjudged Driskill not guilty and discharged him. Driskill then brought an action on the case for malicious prosecution, and obtained judgment in the Washington Circuit Court; from which judgment this appeal is taken.
The appellant has assigned several reasons for reversing the judgment in this case, but one of which wé deem it necessary to notice. The affidavit made by the appellant before William
Thejudgment is reversed with costs.