Legal Opinion

Hotel Supply Co. v. Reid

Alabama Court of Appeals

Decided November 12, 1918No. 6 Div. 400PublishedCited by 15 opinions

Appeal from Circuit Court, Jefferson Count.y; C. W. Ferguson, Judge. Action by John Reid against the Hotel Supply Company for damages for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals.

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Appeal from Circuit Court, Jefferson Count.y; C. W. Ferguson, Judge. Action by John Reid against the Hotel Supply Company for damages for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. The complaint charges that H. F. Burton, acting within the line and scope of his employment or agency, maliciously and without probable cause therefor, caused plaintiff to be arrested under a warrant issued by H. P. Abernathy, judge ,of the municipal court of Birmingham, on May 23, 1916, on the charge of a worthless check, which charge had been judicially…

1Opinion of the CourtBrown, P. J.

As to whether a prosecution before a court or officer without jurisdiction of the offense will support an action on the case for malicious prosecution, there is considerable conflict of authority. 18 R. C. L., p. 20, § 10. There is a like conflict as to whether an indictment, complaint, or affidavit that charges no offense against the law, and upon which process issues for the seizure of the person, can be made the basis of such action. The questions stated are categorically the same, for it is manifest that a complaint or indictment that charges no offense Is impotent to confer jurisdiction.…

2Cases cited20 opinions

  1. Broom v. DouglassSupreme Court of Alabama · 1912
  2. Stubbs v. MulhollandSupreme Court of Missouri · 1902
  3. Dennis v. . RyanNew York Court of Appeals · 1875
  4. Antcliff v. JuneMichigan Supreme Court · 1890
  5. McIntosh v. WalesWyoming Supreme Court · 1913

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3Cited by15 opinions

  1. Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
  2. Kuhnhausen v. StadelmanOregon Supreme Court · 1944
  3. Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
  4. Tolbert v. StateSupreme Court of Alabama · 1975
  5. Duncan v. KentSupreme Court of Alabama · 1979

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