Tangney v. Sullivan

This is an action for malicious prosecution. It comes before us by exception to the refusal of a ruling that, upon all the evidence, the plaintiff could not maintain his action. But *167as the bill of exceptions only purports to set forth all the evidence showing that the defendant acted in or controlled the prosecution, not all the evidence in the case, our consideration must be confined to that point. Whether, as the defendant argues, the plaintiff failed to make out a want of probable cause, is not before us. Also the ruling asked dealt with the evidence, not with the pleadings. See McLean v.…