Miller v. Deere

The plaintiff sued for a malicious prosecution. ITe had been indicted at the instance of the defendant, and had been tried before a jury, at the general sessions in this city, and found guilty, and sentenced and imprisoned. The plaintiff offered to prove, on this trial, that on a writ of error the judgment against him was reversed, and to prove that the defendant had prosecuted him maliciously and without probable cause. The evidence was rejected ; it must have been on *2the ground that the verdict on the merits and judgment thereon were so far conclusive evidence that there was probable cause…