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HAWKINS v. HAWKINS

No. 7621SC559.

231 S.E.2d 174 (1977)

32 N.C. App. 158

Clay Howard HAWKINS v. Edna Shaw HAWKINS.

Court of Appeals of North Carolina.

January 5, 1977.

Attorney(s) appearing for the Case

Westmoreland & Sawyer by Barbara C. Westmoreland and Gregory W. Schiro, Winston-Salem, for plaintiff-appellant.

Wilson & Morrow by John F. Morrow, Winston-Salem, for defendant-appellee.

BRITT, Judge.

Plaintiff contends that the trial court erred in granting a directed verdict for defendant at the close of plaintiff's evidence. We think the contention has merit.

To make out a case of malicious prosecution it is necessary that the plaintiff show (1) malice, (2) want of probable cause, and (3) a favorable termination of the proceedings upon which his action is based. Taylor v. Hodge, 229 N.C. 558, 50 S.E.2d 307 (1948).

Plaintiff...

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