Glasgow v. Owen

Citations

• 69 Tex. 167
• 6 S.W. 527
• 1887 Tex. LEXIS 799

Syllabus

<p>1. Malicious Prosecution — Charge of Court. — In a suit to recover damages for malicious prosecution, it is error to so frame a charge as to practically withdraw from the consideration of the jury a fact in evidence which they might legally consider in determining the existence of probable cause for the prosecution, gee opinion for such a charge.</p> <p>3. Advice of Counsel. — In a suit for malicious prosecution, the fact that the prosecutor acted, after a full statement of all the facts, on the» advice of counsel that an offense had been committed, though admissible in evidence for the defendant, is not conclusive of the question of malice. Whether there was malice and the want of probable cause, must be determined by the jury, from a consideration of all the facts. o</p> <p>8. Malicious Prosecution. — In a suit for malicious prosecution, it must be shown, in order to recover: 1, that there was a prosecution; 3, that it was malicious and without probable cause; and 8, that it is at an end.</p>