Supreme Court of North Carolina December 5, 1852 (Holmes v. . Johnson)

Battle, J.

It is stated in an elementary work of high authority, 3 Step. N. P. 22T4, that “ the foundation of an action for a malicious prosecution is the malice of the defendant, either expressed or implied; and whatever engines of the law malice may employ to compass its evil designs against innocent and un-offending persons, whether in the shape of indictment or information, which charge a