Harris v. Barham

PARKER, Judge.

For plaintiff to establish liability for malicious prosecution against defendants Mangum and the Bank, he must show that these defendants (1) instituted, procured, or participated in the criminal prosecution against him (2) with malice, (3) without probable cause, and (4) that the criminal proceedings terminated in his favor. Cook v. Lanier, 267 N.C. 166, 147 S.E. 2d 910 (1966); Mooney v. Mull, 216 N.C. 410, 5 S.E. 2d 122 (1939); Byrd, Malicious Prosecution in North Carolina, 47 N.C.L. Rev. 285, 286 (1969). In the present case the defendant appellees, as the parties moving for…