McNulty v. Walker

Citations

• 64 Miss. 198

Syllabus

<p>1. Malicious Prosecution. Probable cause. Undisputed facts. Peremptory instruction by court.</p> <p>In an action for damages for malicious prosecution, wliere tlie facts upon which the defendant instituted the prosecution are undisputed, it then becomes a question of law whether such facts constitute probable cause, and should be determined by the court in a peremptory instruction.</p> <p>2. Same. Probable cause. Case in judgment.</p> <p>B. and WV killed M.’s hog in a swamp and carried it away. M. was informed ■ of this by an eye-witness. He then went to B. and inquired about it. B. denied having seen the hog, and denied that he and W. had been in the swamp. Thereupon M. made an affidavit against B. and W. charging them with stealing his hog. W. was tried and discharged, and’ then brought an action against M. for malicious prosecution. Meld, that W. cannot maintain his action. Such facts show a probable cause for the prosecution.</p>