§ 26-4 Malicious Prosecution - Termination of Original Proceeding

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 26-4 Malicious Prosecution - Termination of Original Proceeding

In an action for malicious prosecution, the plaintiff must establish that the original proceeding was terminated in the plaintiff's favor. It is enough to support an action for malicious prosecution that the proceeding was terminated so that it cannot be revived and the prosecutor, if he proceeds further, will be put to a new action.

Where criminal charges are dismissed for reasons consistent with the innocence of the accused, there is...