Baker v. Hornick

Citations

• 57 S.C. 213
• 35 S.E. 524
• 1900 S.C. LEXIS 36

Syllabus

<p>1. Malicious Prosecution — Probable Cause. — Action for malicious prosecution will not lie, where the proseution was based on probable cause. Probable cause defined.</p> <p>2. Ibid. — -Ibid.—Charge—Advice op Counsel. — In actions for malicious prosecution, that it was commenced on advice of counsel, is proper evidence to rebut inference -of malice from want of probable cause. “Rebut presumption of malice,” used in charge, construed to mean here, “rebut inference of malice.”</p> <p>3. Ibid. — Ibid.—Malice will not necessarily be inferred from want of probable cause, but is generally implied therefrom.</p>