Weiden v. Weiden

(after stating the facts). In actions for malicious prosecution three propositions must be established: (1) The fact of the alleged prosecution and that it has come to a legal termination in plaintiff’s favor; (2) that the defendant had no probable cause; (3) that he acted from malicious motives. Thomas v. Bush, 200 Mich. 224. It is a. recognized rule that malice may be inferred from want of probable cause, but this is not a rule that works both ways. "Want of probable cause may not be inferred from jnalice. In Hamilton v. Smith, 39 Mich. 222, it was said:

“And if it appear that the defendant…