Fisher against Bristow and Others
| Jurisdiction | England & Wales |
| Judgment Date | 15 June 1779 |
| Date | 15 June 1779 |
| Court | Court of the King's Bench |
English Reports Citation: 99 E.R. 140
IN THE COURT OF KING'S BENCH
fisher against bristow and others. Tuesday, 15th June, 1779. An action for a malicious prosecution cannot be maintained till the prosecution is terminated, which must appear upon the declaration. Action for a malicious presentment, (for incest,) in the Ecclesiastical Court of the Archdeaconry of Huntingdon. Demurrer to the declaration, and cause assigned, that it was not stated, how the prosecution was disposed of, or that it was not still depending. The Court were clearly of opinion, that the objection was fatal, and said it was settled that the plaintiff in such an action, must shew the original suit, wherever instituted, to be at an end ; otherwise he might recover in the action, and yet be afterwards convicted on the original prosecution. Judgment for the defendants a rope-maker, and made cordage for divers and very many persons, other...
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