Texas Supreme Court, 1852

McNeese v. Herring

McNeese v. Herring
Texas Supreme Court · Decided July 1, 1852 · Wheeler
8 Tex. 151

McNeese v. Herring

Opinion of the Court

Wheeler, J.

No evidence appears to be offered by the plaintiff to prove that the prosecution was malicious or without probable cause. Títere was no ruling of the court which prevented the plaintiff from introducing such evidence. And without proof of tiie want of probable cause and malice this action cannot be maintained. (Griffin v. Chubb, 7 Tex. R.) There is no error in the judgment, and it is affirmed.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.