Grissom v. Lawler
Alabama Court of Appeals
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by Granville R. Lawler against George W. Grissom, for malicious prosecution. Judgment for plaintiff and defendant appeals. The affidavit was not admissible in evidence, nor was the warrant —Secs. 6285, 6704 and 7588, Code 1907; Brown v. Btate, 109 Ala. 86. The complaint did not claim attorney’s fees as special damages, and hence, they were not recoverable. — Hawkins v. Gollins, 5 Ala.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by Granville R. Lawler against George W. Grissom, for malicious prosecution. Judgment for plaintiff and defendant appeals. The affidavit was not admissible in evidence, nor was the warrant —Secs. 6285, 6704 and 7588, Code 1907; Brown v. Btate, 109 Ala. 86. The complaint did not claim attorney’s fees as special damages, and hence, they were not recoverable. — Hawkins v. Gollins, 5 Ala. App. 522; Tutwiler G. & G. Go. v. Tuvin, 158 Ala. 657. No lawful arrest was shown, and hence defendant was entitled to the affirmative…
1Opinion of the CourtWalker, P. J.
The count upon which the case . went to the jury ivas in the form prescribed by the Code for a complaint for malicious prosecution. — Code 1907, § 5382, form 20. The allegation of that count as to the arrest of the plaintiff under a ivarrant was of material matter of description of the tort counted on. — Davis v. Sanders, 133 Ala. 275, 32 South. 499; Williams v. Ivey, 37 Ala. 244; Sheppard v. Furniss, 19 Ala. 760.
Over the objection of the defendant, the court admit-' ted in evidence an unsigned paper, the body of which was in the form of a warrant for the arrest of the plaintiff for burning…
2Cases cited4 opinions
- Sheppard v. FurnissSupreme Court of Alabama · 1851
- Davis v. SandersSupreme Court of Alabama · 1901
- Field v. IrelandSupreme Court of Alabama · 1852
- Williams v. IveySupreme Court of Alabama · 1861
3Cited by5 opinions
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- Casino Restaurant, Inc. v. McWhorterAlabama Court of Appeals · 1950
- Prince v. BryantSupreme Court of Alabama · 1962
- United States Cast Iron Pipe & Foundry Co. v. HendersonAlabama Court of Appeals · 1928
- Wood v. StateAlabama Court of Appeals · 1925