Mr. Justice Trunkey delivered the opinion of the court, November 21st 1881. Prosecutions are presumed to have been properly instituted; and hence, to sustain ail action for malicious prosecution, malice and want of probable cause must both concur and be proved by the plaintiff: Walter v. Sample, 1 Cas. 275; Dietz v. Langfitt, 13 P. F. S. 234. ] Probable cause does not depend on…
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