Modla v. Miller

Plaintiff appeals from a directed verdict of no cause for action in bis suit for malicious prosecution for attempted arson. Essential to Ms right to recover is want on defendants’ part of probable cause to believe him guilty of the offense charged when they initiated the prosecution. Thomas v. Bush, 200 Mich 224. When a defendant in a case of malicious prosecution has in good faith fully and fairly stated all of the material facts within his knowledge to the prosecuting attorney and signed the complaint on the latter’s advice, a case of probable cause is established, barring plaintiff’s right…