In Melanowski v. Judy (1921), 102 Ohio St. 153, 131 N.E. 360, 19 Ohio L. Rep. 6, the Ohio Supreme Court addressed actions for malicious prosecutions, where "malice" and "lack of probable cause" are essential elements to the offense. The Court held that "in an action for malicious prosecution, the want of probable cause is the gist of the action. If such be proven, the legal inference may be drawn that the proceedings were actuated by malice." Id., paragraph one of the syllabus.