CAPIAS.—DAMAGES FOR MALICIOUS ARREST

SUPERIOR COURT, Montreal, 27th june 1872. Coram Mackay, J.

FRASER vs GERRIE.

Plaintiff brought action of damages, for malicious arret, commencing by a capias which was allowed by à judge to issue for $1500. Defendant moved to quash, on the ground of insufliciency of affidavit, and especially because the declaration contained no averment that the criminal proceedings complained of were determined. Plaintiff replied that as defendant was about to leave the country, he was forced to take his action before the determination of the charge.

Held: That the capias was properly issued, and, as the criminal proceedings had since ended, plaintiff”s motion to amend the declaration to that effect was granted.

Mackay, J.: This is a suit for damages for malicious arrest of plaintiff, on a criminal charge, at instance of defendant Gerrie, and the action is commenced by a capias, allowed by a judge to issue for $1500. Defendant moves to quash