Bell v. . Pearcy

This was an action for a malicious prosecution. The plaintiff read in evidence a record, shewing that an indictment against him for a conspiracy had been found by the grand jury “a true bill,” and that he had been tried and acquitted. The defendant admitted^ that the proceeding had been instituted at his instance. There was no other evidence. The plaintiff moved the Court to charge, that his acquittal supported the averment of “ a probable cause.” The Court refused, and for this the plaintiff excepts.

Malice and a want of probable cause is the gist of the action. This averment is made by the…