Bernard v. Cafferty

77 Mass. 10

Opinion

Metcalf, J.

The court are of opinion that the ninth clause of the second section of the practice act (St. 1852, c. 312) does not require a plaintiff to set out, in his declaration, a copy of any written instrument or any part thereof, except an instrument, or such part thereof, as he relies on as the ground of action ; the instrument on which his action is founded. In the present case, the ground of action is the alleged malicious prosecution of the plaintiff, without probable cause ; not the process or judgment which it may be necessary for him to prove in order to support his action. Demurrer overruled.