Digard v. Michaud

This is an action for a malicious prosecution of the plaintiff, in which he was acquitted of a theft wherewith he was charged by the defendant, against whom there was a verdict for five hundred dollars, and judgment accordingly. The latter appealed. His counsel has placed his hope of relief at our hands, on the ground of the absence of malice on his part. Express malice is not pretended to have been proven; but the counsel of the plaintiff and appellee, has strongly contended that implied malice resulted from the absence of probable ground of suspicion. This argument assumes that malice is…