Lipscomb v. Shofner

This is an action to recover damages for the malicious prosecution of a civil suit begun with an ordinary summons, and unaccompanied with an attachment or seizure of the property. The trial *113Judge, in his charge, said to the jury that, if they found the suit in question was brought maliciously and without probable cause, resulting in actual damage to the present plaintiff, then this action could be maintained. This instruction, it is now insisted, is erroneous.

That malicious prosecution is a proper action in which to recover damages for the institution of a civil suit with malice and without…