Re v. Stern & Co.

Layton, C. J.,

delivering the opinion of the Court:

The question is whether want of probable cause has been sufficiently pleaded. The authorities are multitudinous, and are in conflict. In 18 R. C. L. 69, it is stated that it is generally held that the facts relied on as constituting probable cause, or the want of it, must be alleged in the pleadings, as a simple averment that the prosecution was without probable cause would be nothing more than the averment of a conclusion of law. See also note to Simmons v. Gardner, 46 Wash. 282, 89 P. 887, L. R. A. 1915D, 70. Contrariwise, in 38 C. J. 464,…