Cobbey v. State Journal Co.

The following opinion on rehearing was filed July 12, 1907. Former judgment of this court reversed and judgment of district court affirmed:

1. Malicious Prosecution. An action for the malicious prosecution of a civil suit cannot be maintained if there was probable cause for bringing the suit complained of.

2. -. Both malice and probable cause must exist in order to justify an action for malicious prosecution.

*6273. -: Pkobabus Cause: Evidence. A judgment in a civil suit or a conviction in a criminal suit by'a court of competent jurisdiction is prima facie evidence of the existence of probable cause,…