Womack v. Circle
Supreme Court of Virginia
This is a sequel to the case of Womack v. Circle, reported in 29 Gratt. 192. The cause came on again to be tried in the circuit court of Botetourt county in April, 1878, when there was a judgment in favor of the plaintiff for $500, and a writ of error to this court. There seems to have been no conflict of the evidence, and it is given by Judge Anderson in his opinion.
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This is a sequel to the case of Womack v. Circle, reported in 29 Gratt. 192. The cause came on again to be tried in the circuit court of Botetourt county in April, 1878, when there was a judgment in favor of the plaintiff for $500, and a writ of error to this court. There seems to have been no conflict of the evidence, and it is given by Judge Anderson in his opinion. The only material question in the cause is, whether the judgment of the justice, which was upon appeal reversed, was conclusive or only prima facie evidence of probable cause for the proceedings by the defendant against the…
1Opinion of the CourtAnderson, J.
This is an action for malicious prosecution. It is the second time it has been brought here, and it is contended for the defendant in error, that the questions now raised are res adjudicata, and cannot be again heard. But the court is unanimously of a different opinion, and consequently that they are open to adjudication on this appeal. "We will proceed, therefore, to the consideration of the case as presented by the record.
Sallie Ailstoek, a colored woman, who lived on James river in the county of Botetourt, opposite the farm of Wm. W. Womack, the defendant below, sent him word by a colored…
2Cases cited5 opinions
- Spengler v. DavySupreme Court of Virginia · 1859
- Vanderbilt v. MathisThe Superior Court of New York City · 1856
- Maddox v. JacksonSupreme Court of Virginia · 1815
- Gillespie v. SplahnIndiana Superior Court · 1872
- Honaker v. HoweSupreme Court of Virginia · 1869
3Cited by10 opinions
- Hartshorn v. SmithSupreme Court of Georgia · 1898
- Saunders v. BaldwinSupreme Court of Virginia · 1911
- Desmond v. FawcettMassachusetts Supreme Judicial Court · 1917
- Hale v. BoylenWest Virginia Supreme Court · 1883
- Jones v. FinchSupreme Court of Virginia · 1887
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