Noblett v. Bartsch

Citations

• 71 P. 551
• 31 Wash. 24
• 1903 Wash. LEXIS 577

Syllabus

<p>MALICIOUS PROSECUTION-PROBABLE CAUSE — BURDEN OF PROOF — DISCHARGE BT COMMITTING MAGISTRATE.</p> <p>The fact that plaintiff in an action for malicious prosecution had been discharged from a criminal charge without a trial upon the merits, while sufficient to make a prima facie case, would not shift the burden of proof in the action for damages to the defendants.</p> <p>SAME — LIABILITY OF CO-PABTNEES.</p> <p>The fact that plaintiff was maliciously prosecuted upon a charge of larceny of partnership goods would not raise a presumption that all the partners participated in his prosecution, but in order to render all the partners liable proof of their complicity in the prosecution would be necessary.</p>