Fellows v. Beers

Citations

• 63 Wash. 678
• 116 P. 262
• 1911 Wash. LEXIS 1264

Syllabus

<p>Malicious Prosecution — Malice—Evidence — Sufficiency. The evidence is insufficient to support an action for malicious prosecution, where it appears that the defendant, having witnessed an assault and battery by plaintiff upon a third person, stated the facts to the prosecuting attorney and upon his advice swore out a warrant for plaintiff before a justice of the peace; any inference of malice from the fact that the justice discharged the plaintiff, who was manifestly guilty of an assault and battery, being more than overcome in such case.</p>