MAGALETTA v. MILLARD


346 Mass. 591 (1964)

195 N.E.2d 324

FRANCIS C. MAGALETTA vs. HOWARD L. MILLARD & another.

Supreme Judicial Court of Massachusetts, Norfolk.

January 6, 1964.


Attorney(s) appearing for the Case

Joseph M. Cohen for the plaintiff.

Robert J. DeGiacomo for the defendants.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


WILKINS, C.J.

This case presents procedural problems, the time required for the consideration of which has been greatly disproportionate to the contribution, if any, to our jurisprudence. And this is not the end.

The action is in tort for malicious prosecution. Count 2 alone remains. The plaintiff had been a lieutenant in the Metropolitan District Commission police. The defendants Millard and Morrison were respectively the building inspector and the chief...

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