Humphries v. . Edwards

After stating the case: The first question is, whether there was any evidence that defendant prosecuted the plaintiff for the assault without probable cause, for in an action of this kind it is necessary to allege and prove malice, a want of probable cause, and the termination of the former suit or proceedings. R. R. v. Hardware Co., 138 N.C. 174.

Malice may be inferred from the absence of probable cause, or may be otherwise established. Johnson v. Chambers, 32 N.C. 287; Kelly v.Traction Co., 132 N.C. 369; Merrell v. Dudley, 139 N.C. 57. And then there is general malice and particular malice,…