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TARANTINO v. GRIEBEL

9 Wis.2d 37 (1959)

TARANTINO, Respondent, v. GRIEBEL, Appellant.

Supreme Court of Wisconsin.

January 5, 1960.

Attorney(s) appearing for the Case

For the appellant there was a brief by Houghton, Bullinger, Nehs & Houghton and Ray T. McCann, and oral argument by William R. Gold and Kenneth F. Hostak, all of Milwaukee.

For the respondent there was a brief by Curley & Sheedy, attorneys, and William P. McGovern and Michael J. Barron of counsel, all of Milwaukee, and oral argument by Robert M. Curley.

HALLOWS, J.

The issue raised by this appeal is whether a conviction which is superseded by an acquittal on appeal after a trial de novo is conclusive of the existence of probable cause in a subsequent action for malicious prosecution.

To be successful in an action for malicious prosecution the plaintiff must allege and has the burden of proving that the defendant had no probable cause for instituting the proceedings against him. Lack of probable cause...

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