Stone v. Wolfe

The defendant appeals from the judgment upon the judgment-roll and a hill of exceptions setting forth the evidence.

The plaintiff sued for damages for malicious prosecution, alleged to have been instituted against him by the defendant, maliciously and without probable cause. In his defense, the defendant claimed that the prosecution was begun and maintained in good faith, without malice, upon the advice of counsel that there was probable cause, after he had made to the counsel a full statement of the facts.

The evidence shows that the charge against the plaintiff was that of obtaining money…