Ewing v. Sanford
Supreme Court of Alabama
ERROR to the Circuit Court of Mobile. Tried before the Hon. John Brass;. This was an action on the case by Sanford r. Ewing, to recover damages for a malicious prosecution. The affidavit made by Ew’ing to procure Sanford’s arrest is sufficiently described in the opinion of the court. Sanford was committed by the magistrate, and was afterwards discharged on habeas corpus by Judge Bragg.
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ERROR to the Circuit Court of Mobile. Tried before the Hon. John Brass;. This was an action on the case by Sanford r. Ewing, to recover damages for a malicious prosecution. The affidavit made by Ew’ing to procure Sanford’s arrest is sufficiently described in the opinion of the court. Sanford was committed by the magistrate, and was afterwards discharged on habeas corpus by Judge Bragg. It appears from the bill of exceptions that the negro mentioned in the affidavit was bought by Ewing at sheriff’s sale under an execution against Thaddeus Sanford, and placed in the possession of one Carmelick.…
1Opinion of the CourtChilton, J.
The first objection taken by the plaintiff in-error is, that the declaration contains no legal cause of auction,first, because it shows- that the justice committed the plaintiff below, thereby adjudging that there was probable ground for ther prosecution, and express malice is not averred. To this point Reynolds v. Kennedy, (1 Wils. 232) is cited by the counsel for: the plaintiff in error. In that- ease the defendant had exhibited an information against the plaintiff before the sub-commissioners-of excise, alleging a< violation of the revenue laws, in consequence of which certain goods in the…
2Cases cited8 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Chandler v. McPhersonSupreme Court of Alabama · 1847
- Williams v. StateSupreme Court of Alabama · 1849
- State v. WeaverSupreme Court of Alabama · 1850
- Ham v. StateSupreme Court of Alabama · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- Lawson v. HicksSupreme Court of Alabama · 1862
- Ross v. HixonSupreme Court of Kansas · 1891
- McLeod v. McLeodSupreme Court of Alabama · 1883
25 more not listed; retrieve them via the Exa API.