Leake v. Carlisle

Motion to set aside a verdict and for a new trial. In actions brought to recover damages for alleged malicious prosecutions, the plaintiff, in order to succeed, must prove want of probable cause and malice. Malice in fact is the kind of malice which is to be proved. When malice is and may be inferred from the want of probable cause, it is actual malice which is thus proved. The plaintiff’s cause of action depending upon proof of these two facts, defendant was entitled to offer any testimony that was competent as evidence to disprove want of probable cause or malice. Upon the trial the…