The most important tort action involving malice, is that of malicious prosecution. "Malicious prosecution, regarded as a remedy, is a distinctive action ex delictu for the recovery of damages to person, property, or reputation, shown to have proximately resulted from a previous civil or criminal proceeding, which was commenced or continued without probable cause, but with malice, and which has terminated unsuccessfully. Regarded as a specific tort, it is the wrong so committed." 1