Rutherford v. Dyer
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before IIon. O. Kyle. This was an action by appellee, as next friend of Susie Dyer, against appellant, in malicious prosecution. The suit was commenced in justice court, and the cause appeared there on the docket as “A. J. Dyer v. W. M. Rutherford.”
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Appeal from Cullman Circuit Court. Heard before IIon. O. Kyle. This was an action by appellee, as next friend of Susie Dyer, against appellant, in malicious prosecution. The suit was commenced in justice court, and the cause appeared there on the docket as “A. J. Dyer v. W. M. Rutherford.” Judgment was rendered against the defendant in the justice court, and taken by him by appeal to the circuit court, where a complaint was filed by A. J. Dyer, as next friend of Susie Dyer, against William Rutherford. On trial, after identification of the affidavit and warrant by the justice of the peace who…
1Opinion of the CourtHaralson, J.
1. The affidavit and warrant on which the plaintiff in this suit was arrested, in the alleged malicious prosecution suit against her, it may be admitted falls short of being perfect, — a question we need not decide, — but the defendant here made the affidavit and caused the warrant to be issued in that case for the arrest of the plaintiff, and under which she was arrested, and he cannot now be heard to question the sufficiency of either of them. They were competent evidence and properly admitted against the objection of the defendant, as constituting the basis of the alleged malicious…
2Cases cited5 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Eagle & Phœnix Manufacturing Co. v. GibsonSupreme Court of Alabama · 1878
- McLeod v. McLeodSupreme Court of Alabama · 1883
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
- Forrest v. CollierSupreme Court of Alabama · 1852
3Cited by5 opinions
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- Hotel Supply Co. v. ReidAlabama Court of Appeals · 1918
- Fowlkes v. LewisAlabama Court of Appeals · 1914
- Hawkins v. CollinsAlabama Court of Appeals · 1912
- Gorman-Gammill Seed & Dairy Supply Co. v. MortonSupreme Court of Alabama · 1919