Strain v. Irwin
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by June Irwin against Tom Strain for damages for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by June Irwin against Tom Strain for damages for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449. On the submission, appellee entered a motion to dismiss the appeal on the ground that the bond in this case purports to be a supersedeas bond, and states that the judgment appears from the bond to have been rendered on May 14, whereas the record shows the judgment was rendered March 6, and also that the bond…
1Opinion of the CourtSomerville, J.
(1-3) The first count of the complaint is in code form for malicious prosecution. Its allegation that the charge had been previously investigated and the prosecution ended by plaintiff’s discharge was sufficient, without alleging a judicial investigation. — Watson v. Cain, 171 Ala. 151, 54 South. 610. In such a count the claim for attorney’s fees as damages, being no part of the cause of action, and being intended only as a warning to the defendant.of an issue to be met, does not render the count demurrable, although it is not alleged that such a fee was either reasonable in amount or…
2Cases cited4 opinions
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Ragsdale v. BowlesSupreme Court of Alabama · 1849
- Sheppard v. FurnissSupreme Court of Alabama · 1851
- Watson v. CainSupreme Court of Alabama · 1911
3Cited by23 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Bank of Cottonwood v. HoodSupreme Court of Alabama · 1933
- Wilder v. BushSupreme Court of Alabama · 1917
- Casanova v. González Padín Co.Supreme Court of Puerto Rico · 1934
18 more not listed; retrieve them via the Exa API.