Whitehurst v. Ward

The en'or in this case is clear. The want of probable cause is the essential ingredient in a malicious prosecution, and if the fact is in accordance with the charge, or if the prosecutor had probable cause to believe it to be so, this is a sufficient answer to the action. To this effect are all the text books and decided cases. [3 Steph. Ni. Pri. 2278, and cases there cited.]

Judgment reversed and cause remanded.