I am of opinion this motion ought to be rejected. The direction of the District Court to the jury was correct, that in an action for a malicious prosecution, the question of probable cause, is a mixed proposition of law and fact. That it is a matter of fact, whether the circumstances alleged, to shew it probable, or not, are true, and existed ; but whether, supposing them true, they amount to probable cause, is a question of law. 1 T. R. Sutton v. Johnson. 1 Wils. 232. 2 T. R. 231.

*95It appears from the report of the presiding judge, that there was evidence of probable cause, which was left to the jury, with the aboye direction. I can perceive no reason to induce me to think the verdict is inconsistent with law, or the justice of the particular case.