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MEYER v. EWALD

No. 269.

66 Wis.2d 168 (1974)

224 N.W.2d 419

MEYER, Appellant, v. EWALD and another, Respondents.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by William J. Campbell of Menomonee Falls.

For the respondents there was a brief by James P. Brennan and Simarski, Goodrich, Brennan & Stack, all of Milwaukee, and oral argument by James P. Brennan.

ROBERT W. HANSEN, J.

While there are six essential elements which must be proved in this state in a successful action for malicious prosecution,1 in the case before us, as is usual,2 the dispute is as to two of the six:

(1) Whether there was malice in the instituting of criminal proceedings; and (2) whether there was a want of probable cause for instituting...

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