Stewart v. Blair
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. Action by John Blair against J. S. Stewart for malicious prosecution. Judgment for plaintiff and defendant appeals. The court erred in permitting plaintiff to show that the grand jury had not indicted him. — 25 Cyc. 55-A..
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Appeal from Coosa Circuit Court. Heard before Hon. H. P. Merritt, Special Judge. Action by John Blair against J. S. Stewart for malicious prosecution. Judgment for plaintiff and defendant appeals. The court erred in permitting plaintiff to show that the grand jury had not indicted him. — 25 Cyc. 55-A.. The court erred in permitting it to be shown that plaintiff ivas a married man. — Killebreto v. Carlisle, 97 Ala. 535; Lunsford v. Dietrich, 86 Ala. 250; 26 Cyc. 61. The plaintiff should have been permitted to show that he relied upon the advice of his counsel. — Steed v. Knoiples,. 79 Ala.…
1Opinion of the CourtAnderson, J.
This case was tried upon count 1 for malicious prosecution, the other counts having been eliminated by amendment, and any ruling that the trial *149court made upon the demurrers to the stricken counts can be of no avail to the appellant, as he was put to no defense to said counts.
The plaintiff in order to recover in this action had to aver and prove a final determination of the prosecution, but when he showed a discharge by the magistrate, he proved a determination of this particular prosecution. The justice was only a committing magistrate, but when he discharged the defendant, this operated as…
2Cases cited7 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- McLeod v. McLeodSupreme Court of Alabama · 1882
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Shannon v. SimmsSupreme Court of Alabama · 1906
- Long v. RogersSupreme Court of Alabama · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jaffe v. StoneCalifornia Supreme Court · 1941
- Kroger Company v. PuckettCourt of Civil Appeals of Alabama · 1977
- Wilson v. OrrSupreme Court of Alabama · 1923
- Sandlin v. AndersSupreme Court of Alabama · 1914
- Alabama Dry Dock & Shipbuilding Co. v. BatesAlabama Court of Appeals · 1947
9 more not listed; retrieve them via the Exa API.