Ford Insurance & Real Estate Co. v. Thrasher

ON REHEARING

In his application for rehearing, appellee argues that where the plaintiff, in *596a malicious prosecution suit had a judgment rendered favorable to him in a prior ■civil suit, that judgment is prima facie evidence of want of probable cause. Penney v. Warren, 217 Ala. 120, 115 So. 16. Apparently, appellee relies on that paragraph under headnote No. 4, which is as follows:

'“The attachment plaintiff’s failure to prosecute his suit to judgment is always prima facie evidence that the suit was wrongful. And where the evidence shows a judgment for the defendant on the merits, it is…