Wicker v. Hotchkiss

This was an action on the case for malicious prosecution. The gravamen is the procurement of an indictment for larceny, maliciously and without probable cause; and the consequence the arrest and imprisonment.

There must be proof of both malice and of want of probable cause, to render the party liable in this action.

If there was probable cause for procuring the indictment, there can be no liability upon the defendant; and if he communicated to counsel all the facts, bearing upon the guilt or innocence of the accused, of which he had knowledge, or' could by reasonable diligence have ascertained,…