In questions of tort or quasi tort, as in an action for malicious prosecution, where the injury alleged is doubtful, character may be given in evidence. [See Rogers v. Pratt, 1 Hum. 90.]
Appeal. — Case for malicious prosecution.
OVERTON, J.
In questions of tort, or quasi tort, where the injury alleged is doubtful, character may be given in evidence. The injury, either wholly or in some degree, must depend upon intention, and, to ascertain this in doubtful cases character becomes a material inquiry.
See 3 Caines, 120.
Upon this point POWEL, J., doubted.
HUMPHREYS, J., having been employed, was absent.
STEWART, arguendo, admitted that depositions taken in the County Court, and used there, might be used here without proof of notice.
POWEL and OVERTON, JJ.,
after argument, stated that copies of depositions used in the court below cannot be read here. The originals should have been sent up under seal.