Stainer v. San Luis Valley Land & Mining Co.

Although the trial judge was in error in assuming that the action of the justice of the peace in binding the plaintiff in error over to the district court, and the subsequent action of the prosecuting attorney in presenting the informa-tions against him, conclusively negatived the want of probable cause, yet, if for any reason his action was sufficient in law, the judgment should not be disturbed.

The judgment of the justice’s court, it is conceded, as matter of law, prima facie negatived the existence of malice and want of probable cause. That was re-enforced by a like prima facie presumption…