Southern Car & Foundry Co. v. Adams
Supreme Court of Alabama
Appeal from the 'Circuit Court of Callioun. Tried before the Hon. John Peli-iam. Tliis was an action to recover damages for malicious prosecution brought by the appellee, Lewis Adams,' against the Southern Car & Foundry Company.
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Appeal from the 'Circuit Court of Callioun. Tried before the Hon. John Peli-iam. Tliis was an action to recover damages for malicious prosecution brought by the appellee, Lewis Adams,' against the Southern Car & Foundry Company. After demurrers to the original complaint were sustained, said complaint was amended, and as amended contained five counts, which were as follows: “1. Plaintiff claims of defendant the sum of $5,000 damages for maliciously and without probable cause therefor, causing the plaintiff to be arrested upon a warrant issued by Elmore Garrett, a justice of the peace, on…
1Opinion of the CourtHaralson, J.
This is an action for' malicious; prosecution under section 5090 of the Code.
*1551. The first count in the complaint is in Oode form for such an action.- — Code, p. 947, form 20. The demurrer to this count is, that the complaint being for “malicious mischief and injury to personal property,” does not sufficiently describe the property. We need not notice the demurrer, however, since it is not insisted on in argument of counsel.
The demurrer to the other counts was, among other ground®, that they do not aver that said charge had been judicially investigated. The second count avers, that the “charge…
2Cases cited11 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Ware v. CartledgeSupreme Court of Alabama · 1854
- McLeod v. McLeodSupreme Court of Alabama · 1883
- Marks & Co. v. HastingsSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. WhitmanSupreme Court of Alabama · 1885
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3Cited by21 opinions
- Jaffe v. StoneCalifornia Supreme Court · 1941
- Southern Life and Health Ins. Co. v. WhitmanSupreme Court of Alabama · 1978
- Long v. SeigelSupreme Court of Alabama · 1912
- Birmingham Bottling Co. v. MorrisSupreme Court of Alabama · 1915
- Kroger Company v. PuckettCourt of Civil Appeals of Alabama · 1977
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