Askin & Marine Co. v. Logan

Under the decisions in McCarty v. Williams, 212 Ala. 232, 102 So. 133, and Wells Co. v. Lane, 22 Ala. App. 269, 115 So. 74, we must hold that counts 3, 4, and 5 state a good cause of action and are not subject to the grounds of demurrer assigned. The writer is of the opinion that proper consideration was not given to count C in McCarty v. Williams, supra, but that is “water that has gone under the bridge.” The suggestion is here made that the attention of the Supreme Court may again be directed to it. 38 Corpus Juris, 469 (130).

In actions for malicious prosecutions growing out of the suing…