28 A. 975 (R.I. 1894), Lauzon v. Charroux

• Citation: 28 A. 975, 18 R.I. 467
• Opinion Judge: TILLINGHAST, J.
• Party Name: LAUZON v. CHARROUX.
• Attorney: Elisha C. Mowry and Livingston Scott, for plaintiff. Edwin Aldrich and George W. Greene, for defendant.
• Case Date: February 02, 1894
• Court: Supreme Court of Rhode Island

Page 975

28 A. 975 (R.I. 1894)

18 R.I. 467

LAUZON

v.

CHARROUX.

Supreme Court of Rhode Island

February 2, 1894

Elisha C. Mowry and Livingston Scott, for plaintiff.

Edwin Aldrich and George W. Greene, for defendant.

TILLINGHAST, J.

This is an action on the case for malicious prosecution. The declaration, omitting the formal part, is as follows, viz.: "For that the defendant, at said Woonsocket, on, to wit, the 24th day of March, A. D. 1893, maliciously intending to oppress and unjustly to imprison the plaintiff, prosecuted out of the clerk's office of the district court of the twelfth judicial district a writ of arrest against the plaintiff, in due form of law, in an action of debt on judgment wherein the said defendant was named as plaintiff, and containing appended thereto a sworn affidavit of the defendant, Nazaire Charroux, wherein he declared--First, that he, the aforesaid Nazaire Charroux, had a just claim against the plaintiff, Maxime Lauzon, upon which he, said Nazaire Charroux, expected to recover in the action commenced by said writ a sum sufficient to give jurisdiction to the court to which said writ was returnable; and wherein, secondly, he declared, falsely and fraudulently, maliciously intending to oppress and unjustly to imprison the plaintiff, that the plaintiff was about to leave the state, without leaving therein real or personal estate whereon an execution that might be obtained in said action could be served. That the aforesaid writ of arrest was directed to the sheriff of the county of Providence, his deputies, or to either of the town sergeants or constables in the county of Providence, commanding them to arrest the body of the plaintiff, and him in safe custody keep, to answer the complaint of the aforesaid Nazaire Charroux at a district court of the twelfth judicial district, to be holden in the Hope building, in Woonsocket, in said county, on the 5th day of April, A. D. 1893, at nine o'clock in the forenoon. That, to wit, on the 27th day of March, A. D. 1893, by force of the aforesaid writ, and on the false and fraudulent affidavit of the defendant, the defendant caused the plaintiff to be arrested, and, for want of sufficient bail to the said writ, which the plaintiff could not obtain, to be committed to the jail in the county of Providence, where the plaintiff was detained for a long space of time, to wit, for the space of seventeen days; and that thereafterwards, to wit, on the 24th day of May, A. D. 1893, at a district

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court of the twelfth judicial district, aforesaid, to which the said writ was returnable, and wherein the said writ and action of the said Nazaire Charroux against the plaintiff was duly...