Wright v. Ridgely

POEEENBARGER, JUDGE :

On a declaration in trespass on the case, drawn as one for malicious prosecution, Thomas S. Wright recovered a judgment for $500.00 against John E. Ridgely in the circuit court of Cabell county, of which the latter complains.

As the declaration fails to aver, in any form, that the defendant maliciously did the acts complained of, the demurrer should have been sustained. Malice and lack of probable cause are the *320most important elements in such an action. Waldron v. Sperry, 53 W. Va. 116; Harper v. Harper, 49 W. Va. 661; Tavenner v. Morehead, 41 W. Va. 116; Jones v. Finch,…