McNeese v. Herring

8 Tex. 151

Opinion

Wheeler, J.

No evidence appears to be offered by the plaintiff to prove that the prosecution was malicious or without probable cause. Títere was no ruling of the court which prevented the plaintiff from introducing such evidence. And without proof of tiie want of probable cause and malice this action cannot be maintained. (Griffin v. Chubb, 7 Tex. R.) There is no error in the judgment, and it is affirmed.

Judgment affirmed.