Lacy v. Mitchell

Suit by Mitchell against Lacy for malicious prosecution. Judgment below for the plaintiff, for $100. The case is brought up on the evidence alone. It is contended that it fails to establish want of probable cause for the prosecution of Mitchell by Lacy.

Probable cause may be defined to be that apparent state of facts found to exist upon reasonable inquiry; that is, *68such inquiry as the given case rendered convenient and proper, which would induce a reasonably intelligent and prudent man to believe the accused person had committed, in a criminal case, the crime charged; and in a civil case, that…