Miles v. Walker

Hastings, C.

Tbe errors claimed in this action for malicious prosecution, in wbicb tbe plaintiff obtained judgment and wbicb defendants bring here, are ten in number: (1) Insufficiency of tbe evidence; (2) refusal of evidence of other similar acts of plaintiff as a ground for probable cause to believe bim guilty as charged by the defendant Miles; (3) refusal of an instruction that plaintiff must prove by a fair preponderance of tbe evidence that defendants instituted tbe prosecutions complained of, that they were without probable cause and were malicious, and tbe giving of one instead that…