Steed v. Knowles
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the lion. Leroy F. Box. This action was brought by Alex. M. Steed against John S. Knowles, to recover damages for a malicious’prosecution ; and was commenced on the 16th January, 1882. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea.
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Appeal from the Circuit Court of Clay. Tried before the lion. Leroy F. Box. This action was brought by Alex. M. Steed against John S. Knowles, to recover damages for a malicious’prosecution ; and was commenced on the 16th January, 1882. The defendant pleaded not guilty, and the cause was tried on issue joined on that plea. At the instance of the defendant, the court gave nineteen charges to the jury, to each of which the plaintiff excepted ; and these charges are here assigned as error. The opinion states the material facts.
1Opinion of the CourtSomerville, J.
The prosecution which is here alleged to have been maliciously and wrongfully instituted against the plaintiff, and is made the basis of this action for damages, was a prosecution for selling personal property, at the time under written mortgage, in violation of the provisions of section 4354 of the present Code. The mortgage was executed by the plaintiff (Speed) and his wife, to the defendant (Knowles), in the month of May, 1878, conveying a half interest in certain mills and machinery, situated on land belonging jointly to the plaintiff’s wife and one Gaston. In November of the same year,…
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