Marks & Co. v. Hastings
Supreme Court of Alabama
Appeal from the Anniston City Court. Tried before the Hon. B. F. Cassady . This was an action brought by the appellee, Effie ■ Hastings, against H. C. Marks & Co., a partnership composed of H. C. Marks and Sol Edel; and sought to recover from the defendants as a firm and as individuals damages for maliciously, and without probable cause, causing the plaintiff to be arrested under a warrant charging her with larceny.
Read the full summary
Appeal from the Anniston City Court. Tried before the Hon. B. F. Cassady . This was an action brought by the appellee, Effie ■ Hastings, against H. C. Marks & Co., a partnership composed of H. C. Marks and Sol Edel; and sought to recover from the defendants as a firm and as individuals damages for maliciously, and without probable cause, causing the plaintiff to be arrested under a warrant charging her with larceny. The principal facts of the case and most of the rulings of the court upon the evidence are sufficiently stated in the opinion. Upon the examination of J. F. Creen, who was the…
1Opinion of the CourtHabalson, J.
—This is a suit by appellee against appellants, as individuals and as partners, under the firm name of H. G. Marks & Go.,to recover damages for maliciously, and without probable cause, causing her to be arrested on a charge of larceny. It is shown, that the article alleged to have been stolen belonged to the partnership , and that the complaint was made, and the issue of the warrant procured, by Sol. Edel, one of the partners ; also that the prosecution has terminated, and plaintiff discharged. Exclusive of the participation ofH. C. Marks, the other partner, in the prosecution, the only…
2Cases cited10 opinions
- Ball v. RawlesCalifornia Supreme Court · 1892
- Hamilton v. SmithMichigan Supreme Court · 1878
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Gilbert v. EmmonsIllinois Supreme Court · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Cosby v. MooreSupreme Court of Alabama · 1953
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- American Surety Co. v. PryorSupreme Court of Alabama · 1927
- Noblett v. BartschWashington Supreme Court · 1903
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
17 more not listed; retrieve them via the Exa API.