Ward Hunt

“ The complaint alleges that the seizure of the goods was illegal, and wrongful and malicious, and it is now contended that a certificate of probable cause affords no protection where the seizure is malicious.
This is an error. The question of malice or of good faith is not an element in the case. It is not a question of motive. If the facts and circumstances before the officer are such as to warrant a man of prudence and caution in believing that the offence has been committed, it is sufficient. ”

“ Justice Washington says, in Munn v. Dupont, 3 Wash. 37: 'If malice is proved, yet if probable cause exists, there is no liability. Malice and want of probable cause must both exist,' to justify an action. ”