Yelk v. Seefeldt

The defendants contend that there is no credible evidence to support the jury’s finding that the defendants, in signing the application for a judicial inquiry as to the mental condition of the plaintiff acted (1) without probable cause and (2) with malice.

There are six essential elements which must be proved in a successful action for malicious prosecution. Two of them are as follows:

1. There must have been want of probable cause for the institution of the former proceeding.

2. There must have been malice in instituting the former proceeding. Elmer v. Chicago & N. W. R. Co. (1950), 257 Wis.…