6 A.2d 810 | Pa. | 1939
This is an appeal from the order of the court below refusing plaintiff's motion for a new trial and judgment n. o. v. and ordering judgment to be entered on the verdict for defendants. The action is for false arrest and imprisonment. The defendants are the magistrate and chief of police of the town of Bloomsburg. Plaintiff was arrested on view by the chief of police for selling certain publications in violation of a town ordinance. He was taken before the magistrate, given an immediate hearing and found guilty of violating the ordinance. The conviction and the resulting sentence were not appealed. Not having appealed from the judgment rendered against him, he cannot maintain the action: Perry v. Penna. R. R. Co.,
In the case of actions for malicious prosecution and for malicious abuse of process, the rule is well established that one of the necessary prerequisites to such a suit is that the previous prosecution terminated favorably to the plaintiff:Mayer v. Walter,
Judgment affirmed. *273