8 Tex. 151
Decided July 1, 1852
Texas Supreme Court · decided 1852-07-01
This was an action fora malicious prosecution. Tiie appellant, who was plaintiff below, was prosecuted for a misdemeanor by tiie defendant Hemug, before tiie defendant Turner, a justice of the peace. lie was convicted, fined ten dollars, and committed to prison for one day and until the fine and costs should he paid. The defendant Witliee was tiie sheriff of tiie county who executed the mittimus issued by tiie justice for the imprisonment of the plaintiff.
Decided 1852-07-01
¶1No 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.
¶2Judgment affirmed.