Mullen v. Brown

By the Court. The plaintiff was arrested upon a lawful warrant, duly issued by a magistrate upon the complaint of the defendant. For such arrest, and the imprisonment following it, the defendant is not liable in an action for assault and false imprisonment, although his object in making the complaint was to enforce the payment of a debt or to extort money. The plaintiff’s remedy, if any, is by an action for malicious prosecution. Coupal v. Ward, 106 Mass. 289. Exceptions overruled.