Gee v. Culver

This is an action for malicious prosecution. The complaint is in the ordinary form. The answer denies that the prosecution was instituted maliciously or without probable cause. The case was in this court on appeal at the last term, and was reversed for error of the court below in giving certain instructions excepted to by the appellant. '

It appears by the bill of exceptions that the court, after having instructed the jury as to what would constitute probable cause, and that both want of probable cause and malice must concur before the action can be maintained, gave the jury the following…