¶1If this is to be considered as an action upon the case for a malicious prosecution, the plaintiff hath not shown that he was acquitted, but that he was convicted. If as an action for *555tbe injury done bim by tbe defendants’ false swearing and perjury, it is not brought upon tbe statute, nor witbin tbe time limited by law; and it would be of dangerous consequence to admit actions of tbis nature to be against witnesses after so great a lapse of time.
1 Root 553
Monroe v. Maples
Decided March 15, 1793
Supreme Court of Connecticut · decided 1793-03-15
<p>In an action for a 'malicious prosecution tlie plaintiff must show that he was acquitted.</p> <p>An action of the case for a perjury will not lie against a witness after a lapse of years.</p>
Decided 1793-03-15