Gorrell v. Snow

Decided May 15, 1869

Indiana Supreme Court · decided 1869-05-15

Action by the appellee against the appellant. The complaint was in two paragraphs, a demurrer to each of which was overruled. Au answer of general denial was filed, and the issue thus formed was tried by a jury. Yerdict and judgment for the plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1869-05-15

How this case has been cited

Cited by 3 later decisions — most recently March 1906

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Erazeb, J.

¶1The only question before us is, did the court below err in overruling a demurrer to the second paragraph of the complaint? The action was for malicious prosecution, and that paragraph failed to aver that the prosecution claimed to have been malicious had terminated in the plaintiff’s acquittal or discharge. For this omission the appellant insists that the paragraph was had. So are the authorities. 1 Chit. PI. 679; Whitworth v. Hall, 2 B. & Ad. 695.

¶2Reversed and í-emánded, with direction to sustain the demurx’er.