Garrett v. Mannheimer

This is an action for the malicious prosecution-by defendants of a suit against the plaintiff for goods sold and delivered. One of the defendants, being upon the stand as a witness for the defence, was asked: “ Did you believe, at the time you instituted the suit complained of, that you had a valid and legal claim for that case against Mrs. Garrett?” The question was excluded, for ineompetency. This was error. Proof of actual malice being necessary to maintain an action for malicious prosecution, any evidence *194legitimately tending to disprove such malice is competent and admissible in defence…