Document Type

Trial Proceeding

Publication Date


Article Footnote

Article 2, footnote 241

Book Footnote

Chapter 8, footnote 11


... Abraham Libbee of Rye, New Hampshire, complained to a Justice of the Peace that Joseph Jenness had stolen two of his oxen. This resulted in the issuance of a warrant, the seizure of two oxen from Jenness, and the indictment of the latter for theft. After the Attorney General dropped the case Jenness sued Libbee for malicious prosecution, asserting that he had “caused such a misrepresentation of facts to be made to the ... Grand Jury as induced them” to return the indictment.


An action also lay if instead of bringing a private prosecution a person wrongfully brought about the initiation of a public one.

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