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Excerpt from The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration and Awards, Vol. 3 of 3: With an Appendix of the New Rules, the Statutes of Set-Off, Interpleader, and Limitation, and the Decisions Thereon
An action on the case lies for maliciously, and without reasonable or probable cause, arresting another, and detaining him until discharged by a judge's order, pending a former suit by the defendant for the same cause of action, in which the plaintiff had been arrested, and discharged out of custody by reason of the defendant's delay in declaring. To such action it is no defence, that the second suit is still pending; and it seems, that the action lies, although the party arresting had a good cause of action. (2)
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