Ragsdale v. Bowles
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Tried before the Plon. Samuel Chapman. The demurrer of defendant below (plaintiff here) to the 3d count of the plaintiff’s declaration, should have been sustained. That count does not aver the manner, nor the fact of the termination of the prosecution, alleged to be malicious. 1. It should have ay erred that the defendant was acquitted, or, at least, discharged from the prosécution. 2 Ch. PI. 606, n. p.; 2 Greenl. Ev. § 452; 1 Har.
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Error to the Circuit Court of Pickens. Tried before the Plon. Samuel Chapman. The demurrer of defendant below (plaintiff here) to the 3d count of the plaintiff’s declaration, should have been sustained. That count does not aver the manner, nor the fact of the termination of the prosecution, alleged to be malicious. 1. It should have ay erred that the defendant was acquitted, or, at least, discharged from the prosécution. 2 Ch. PI. 606, n. p.; 2 Greenl. Ev. § 452; 1 Har. Dig. 1458, § 3; 1 Ch. PL 679; 3 U. S. Dig. 1, ^ 6, 7,8, and p.4, §§ 81,85, 90; Turner v. Walker, 3 Gill & Johns. 377; Smith…
1Opinion of the CourtDargan, J.
This was an action on the case for a malicious prosecution. The defendant demurred to the third count, and his demurrer was overruled, which is assigned as error. The objection to the count is, that it does not aver with sufficient certainty, that the plaintiff was acquitted of the charge preferred against him, or that the prosecution has been terminated by any judicial, investigation. The averments are, that the defendant falsely, maliciously, and without probable cause, charged the said plaintiff with the crime of felony; and upon said charge, falsely, maliciously and without probable…
2Cases cited1 opinion
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