Meyer v. Ewald

While there are six essential elements which must be proved in this state in a successful action for malicious prosecution, 1 in the case before us, as is usual, 2 the dispute is as to two of the six: (1) Whether there was malice in the instituting of criminal proceedings; and (2) whether there was a want of probable cause for instituting such proceedings. Each of these two elements, both required to be proved by plaintiff in order for him to prevail, 3 will be separately discussed.

Requirement of malice.

Malice, which gives the action its name, must be established in any successful lawsuit for…