Wheeler v. Nesbitt

THIS case was brought up by writ of error from the Circuit Court of the United States for the middle district of Tennessee.

In September, 1856, John J. Wheeler arrived at the small town of Charlotte, in Tennessee, about eight o'clock at night, in company with two Irishmen, the whole three being indifferently clad. Wheeler had four fine horses; each of the Irishmen was riding one of the horses, with a sack and blanket to sit upon instead of a saddle. The defendants in error (except Trimble) arrested the whole three, on suspicion of having stolen the horses, and carried them before Trimble, who was a justice of the peace, and who sent them to jail for a week. At the end of that time they procured satisfactory evidence of character, and were discharged. Wheeler then brought an action on the case for a malicious criminal prosecution. The rulings of the court below are given in the opinion of this court.

It was submitted on printed argument by Mr. Underwood for the plaintiff in error, and argued by Mr. Phillips for the defendants.

Mr. Justice CLIFFORD delivered the opinion of the court.