Peerson v. Ashcraft Cotton Mills
Supreme Court of Alabama
Appeal from Circuit Court, Lauderdale County; C. P. Almon, Judge. Action by J. M. Peerson against tbe Ash-craft Cotton Mills and others. From a judgment for defendants, plaintiff appeals.
1DissentMayfield, J.
It is decided in this case that an action for “malicious prosecution” will lie in this state against a plaintiff in a civil suit, who is cast in such suit, when neither the person nor the property of the defendant in that suit was seized, injured, or interfered with in consequence of the suit. I believe this is error, and feel that I ought to state my reasons for disagreeing.
Mr. Justice MeCLELLAN, in a dissenting opinion, has shown that the case now decided is not before the court. I fully concur in what he says, to the effect that there is a vast difference between the liability of a…
2Cases cited12 opinions
- Carter v. Balfour's Adm'rSupreme Court of Alabama · 1851
- Ooe, Ex Demise of Patterson v. Winn and OthersSupreme Court of the United States · 1831
- Horton v. SledgeSupreme Court of Alabama · 1856
- Sanders v. DavisSupreme Court of Alabama · 1907
- Sheppard v. FurnissSupreme Court of Alabama · 1851
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