Whitehurst v. Ward
12 Ala. 264
Opinion
The en'or in this case is clear. The want of probable cause is the essential ingredient in a malicious prosecution, and if the fact is in accordance with the charge, or if the prosecutor had probable cause to believe it to be so, this is a sufficient answer to the action. To this effect are all the text books and decided cases. [3 Steph. Ni. Pri. 2278, and cases there cited.]
Judgment reversed and cause remanded.
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Whitehurst v. Ward, 12 Ala. 264 (Ala. 1847).
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