Collum Motor Co. v. Anderson

In suits for the malicious'prosecution of a garnishment, this court has recently referred to an old principle settled in Alabama, that defendant is not responsible for the malice of its agent on the doctrine of respondeat superior, and that malice on the part of defendant is necessary. Allison-Russell-Withington Co. v. Sommers, 219 Ala. 33, 121 So. 42.

Count 1 of the complaint alleges that defendant, its servants, agents, or employees, etc., wrongfully, maliciously, and without probable cause, etc., and in count 2, it is further alleged that the act of the servant, agent, or employee was…