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68 Mass. 129

Bixby v. Brundige

Massachusetts Supreme Judicial Court

Decided October 15, 1854

Massachusetts Supreme Judicial Court · decided 1854-10-15

Action of tort for malicious prosecution. At the trial in the court of common pleas, the plaintiff, in proof of the prosecution and acquittal, produced a certified copy of a complaint, and warrant, and judgment of acquittal, in a prosecution against him in the name of the Commonwealth for an unlawful sale of intoxicating liquors in Lowell, before a justice of the peace for this county, who was admitted to have had no jurisdiction of the complaint, nor authority to issue a…

Cited by 1 later decisions — most recently July 1901

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1854-10-15

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Merrick, J.

¶1The ruling excepted to was unobjectionable. As the magistrate had no jurisdiction of the offence of which the plaintiff was accused in the complaint, the proceedings before him were of no legal force or validity; and they therefore afford no sufficient basis to sustain an action for malicious prosecution. Exceptions overruled

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