¶1The court are of opinion that the ninth clause of the second section of the practice act (St. 1852, c. 312) does not require a plaintiff to set out, in his declaration, a copy of *11any written instrument or any part thereof, except an instrument, or such part thereof, as he relies on as the ground of action ; the instrument on which his action is founded. In the present case, the ground of action is the alleged malicious prosecution of the plaintiff, without probable cause ; not the process or judgment which it may be necessary for him to prove in order to support his action. Demurrer overruled.
77 Mass. 10
Bernard v. Cafferty
Massachusetts Supreme Judicial Court
Decided September 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-09-15
Action of tort for malicious prosecution, by writ of attachment from the police court of Pittsfield, upon which Bernard’s property was attached and a trial was had and judgment rendered for him by the police court; and also by making a complaint to that court, charging Bernard with peijury, and obtaining a warrant thereon, upon which he was arrested and held for trial; and for procuring an indictment and prosecuting it against him in the court of common pleas, upon which he…
Decided 1858-09-15