[malicious prosecution]

Gee v. Burke

Supreme Court of Van Diemen's Land

Pedder C.J., 5 October 1837

Source: Cornwall Chronicle, 14 October 1837

This was an action for a malicious prosecution for felony. Damages laid at £100.

Both plaintiff and defendant are neighbours and farmers, residing at the Springs; they have each a considerable number of pigs, which are in the habit of intermixing on each others land. Some time prior to July last, defendant had lost several pigs, and in that month, he discovered several pigs belonging to Mr. Thos. Gee, the plaintiff, upon his Burk’s ground; Burk drove 11 pigs to the pound, and on notice being sent to Gee, he went to the pound, and released 9 of them as his own; the other two he left in the pound, they not being his own; they remained in pound 8 days; Burk, next day, after he had impounded the pigs, went to the police and laid an information against Gee, for stealing those two pigs; a summons was accordingly issues for plaintiff to answer the charge before Mr. Clark, the Police Magistrate; Burk did not again appear to prosecute his complaint, and it was dismissed; the magistrate stating - that from the first, he did not consider there was any just grounds for such a charge. Several witnesses were examined, but they only proved the foregoing facts. Verdict for plaintiff. Damages one farthing.