National Surety Co. v. Mabry
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Sexn. This action was brought by the appellee, John S. Ma-bry, against the National Surety Company. The purpose of the suit and the facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Sexn. This action was brought by the appellee, John S. Ma-bry, against the National Surety Company. The purpose of the suit and the facts of the case are sufficiently stated in the opinion. Charles H. Lord was introduced as a witness for the defendant, and testified that he occupied the position of Inspector for the company in 1899 at the time of the transaction involved in the suit occurred. 1-Ie testified, among other things, that as the representative of the defendant company, in reference to the alleged shortage of…
1Opinion of the CourtHabalson, J.
The first two counts in the complaint are for maliciously, and without probable cause therefor, causing the plaintiff, on or about the 15th of October, 1899, to be arrested on a charge of embezzle*220ment; and the last two, for the false imprisonment of the plaintiff on a charge of embezzlement.
The complaint is not questioned, by demurrer, and the cause was tried on the plea of not guilty.
It appears that the plaintiff was indicted at the December term, 1899, of the criminal court of Jefferson county for embezzlement, the specific charge being that he had embezled $432.60, while acting as the…
2Cases cited5 opinions
- Whipple v. Cumberland Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Marks & Co. v. HastingsSupreme Court of Alabama · 1893
- Baldwin v. WalkerSupreme Court of Alabama · 1891
3Cited by29 opinions
- Aspinwall v. GowensSupreme Court of Alabama · 1981
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Black Belt Wood Co., Inc. v. SessionsSupreme Court of Alabama · 1987
- BMW of North America, Inc. v. GoreSupreme Court of Alabama · 1997
- Vest v. GaySupreme Court of Alabama · 1963
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