Vinal v. Core and Compton

Summary

The West Virginia Supreme Court affirmed a malicious-prosecution judgment (reduced on remittitur to $5,000) against Core and Compton. It held that Wood County had venue because a transitory action may be brought wherever a defendant is found and served, the statutes on venue not repealing the common-law rule by implication. It also fixed the four elements plaintiffs must prove against joint defendants, and held that probable cause depends on facts actually existing and known to the prosecutor—not his belief—and that whether such facts constitute probable cause is a question of law for the court, while malice is always a question of fact for the jury.