Mooney v. . Mull

To establish her cause of action the plaintiff must prove: (1) That the defendant instituted or procured the institution of a criminal prosecution against her; (2) that the prosecution was without probable cause; (3) that it was with malice; and (4) that it has terminated in favor of the plaintiff herein.

The court charged the jury in part as follows: “You are not trying a fornication and adultery suit but as to whether the facts and circumstances within the knowlédge of the defendant at the time he instituted or caused to be instituted, if you find he did institute or cause to be instituted,…