Loui Soy Wing v. Chung Yick

This is an action brought by plaintiff to recover damages for an alleged malicious prosecution of plaintiff by defendants, upon a criminal charge made by defendants against plaintiff, in the police court of the city and county of San Francisco. The jury returned a verdict for plaintiff in the sum of five hundred dollars, for which amount judgment was rendered. Defendants appeal from the judgment and from an order denying their motion for a new trial.

*311 The record presents no error of law commit! ed by the court below. There are no exceptions to the rulings of the court respecting the admissibility of evidence, or the instructions given to the jury. There is no doubt that the law is as claimed by counsel for appellant, that in a suit for malicious prosecution the plaintiff must show both a want of probable cause, and malice; but the instructions of the court were in accordance with this principle. Neither is there any question of law presented as to the proposition that the advice of respectable counsel given upon a full and fair statement of the facts upon which the prosecution was instituted, and a bona fide acting upon such advice, constitutes a defense to the action for…