3 Va. 3
Decided May 1, 1801
Court of Appeals of Virginia · decided 1801-05-01
Thilman brought case against Ellis, for a malicious; prosecution; and declared as follows: “ John Thilman, jr. complains of William Ellis in custody, &c. for that the said William contriving and maliciously intending unjustly to grieve, oppress, weary and impoverish him the said John Thilman, and put him to great expense without any just cause, of his mere malice did lodge an information before a Court of Enquiry for the said county, (that the said John Thilmanhad…
Decided 1801-05-01
¶1Delivered the resolution of the Court, that the plaintiff ought to have alledged the want of probable cause, and that the omission was not cured by the verdict: consequently, that the judgment of the District Court was erroneous, and ought to be reversed.
¶2Judgment reversed.
¶3[* See Young v. Gregory, post, 446; Kirtley v. Deck et al. 2 Munf. 10; Marshall v. Bussard, Gilmer 9. And Muns v. Dupont, Cir. Ct. U. S. Penn. 4 Hall's L. Jour. 102, 2 Brow. Penn. R. App'x. 42, S. C.]