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YELK v. SEEFELDT

35 Wis.2d 271 (1967)

YELK, Respondent, v. SEEFELDT and another, Appellants.

Supreme Court of Wisconsin.

June 6, 1967.

Attorney(s) appearing for the Case

For the appellants there were briefs by Roberts, Boardman, Suhr & Curry, and oral argument by Kenneth T. McCormick, Jr., all of Madison.

For the respondent there was a brief by Hall & Griffith of Madison, and oral argument by Laurence W. Hall.

HANSEN, J.

The defendants contend that there is no credible evidence to support the jury's finding that the defendants, in signing the application for a judicial inquiry as to the mental condition of the plaintiff acted (1) without probable cause and (2) with malice.

There are six essential elements which must be proved in a successful action for malicious prosecution. Two of them are as follows:

1. There must have been want of probable cause for the...

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