wholing vs wells
with costs of botn courts. Edward Wholing va John Wells Ap-pesl Ap-pesl Ap-pesl from the ParlBh of Orleans. 1. Action Action soumiing in damages ' for malicious prosecution. 2. Dismissed by court below on exception of no cause of action, on the ground that the ruling of the committing magistrate remanding the accused, or plac ing him under tona, tor trial oexore tne district court, instead of discharging him, was evidence of probable cause, and this appearing from the petition it precluded recovery. 3. Reversed and remanded. court holding tbat tbe commitment to appear for trial is vat prima zacie evi dence or tne existence oi prooaoie cause. Judgment reversed and cause remanded, costs of appeal to be taxed against defendant defendant and appellee.