Swaim v. . Stafford

This is an action on the case against the defendant, for malicious prosecution in issuing a State's warrant against the plaintiff for larceny. If there was, at the time, probable cause to issue the warrant, in law, the plaintiff should not recover. What is probable cause, when the facts are admitted or ascertained, is a pure question of law. But if the circumstances, alleged to show a probable cause, are disputed, the jury are to decide whether they are true or not. The Judge told the jury, "That if they believed all the facts testified to in this case, there was not a probable cause for the…