Hawkins v. Collins
Alabama Court of Appeals
Appeal from Clay County Court. Heard before Hon. O. B. Cornelius, Special Judge. Action by Tom Collins against J. M. Hawkins for damages for malicious prosecution. Judgment for plaintiff and defendant appeals.
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Appeal from Clay County Court. Heard before Hon. O. B. Cornelius, Special Judge. Action by Tom Collins against J. M. Hawkins for damages for malicious prosecution. Judgment for plaintiff and defendant appeals. The evidence without conflict showed that defendant in the prosecution had failed and refused to perform the duties required of liim by subdivisions 3 and 4, section 5797, Code 1907, which is made a misdemeanor by section 7736, Code 1907. A prosecution begun on probable cause will not support an action of malicious prosecution. — 5 Mayl. 624. Attorney’s fees are not recoverable in this…
1Opinion of the Court
de GRAFFENRIED, J. —
This Suit was brought by appellee against appellant for damages for a malicious prosecution, which the appellee claims the appellant instituted against him. The complaint makes no claim for attorney’s fees incurred by appellee on account of such alleged malicious prosecution. While, in an action for a malicious prosecution, the plaintiff is entitled to recover, if entitled to recover anything, his reasonable attorney’s fees incurred in defending himself against such prosecution, the plaintiff must, as a necessary prerequisite to their recovery, specifically claim such fees…
2Cases cited5 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Sanders v. DavisSupreme Court of Alabama · 1907
- Irby v. WildeSupreme Court of Alabama · 1907
- Tutwiler Coal, Coke & Iron Co. v. TuvinSupreme Court of Alabama · 1908
- Rutherford v. DyerSupreme Court of Alabama · 1906
3Cited by5 opinions
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- Sims v. JaySupreme Court of Oklahoma · 1916
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- Ex Parte UptonSupreme Court of Alabama · 1938
- Torres v. RamírezSupreme Court of Puerto Rico · 1915