Fowlkes v. Lewis
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Vivian C. Lewis against F. B. Fowlkes for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Vivian C. Lewis against F. B. Fowlkes for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. Reversed and remanded. The following charges were given for plaintiff: (6) While the court has charged you that malice is a necessary ingredient of malicious prosecution, the court further charges you that in order to constitute malice it is not necessary that there should be any actual hate or ill will towards the party prosecuted, nor towards any one else, but a malicious motive…
1Opinion of the CourtWalker, P. J.
The action may be treated here as one for malicious prosecution, as the count charging false imprisonment was eliminated by the general affirmative charge as to that count given at the request of the defendant, the appellant here. It was undisputed that the defendant caused the plaintiff to be prosecuted criminally for an alleged trespass after warning, and that, before the commencement of this suit, that prosecution had resulted in the acquittal of the plaintiff. The theory on which that prosecution was instituted was that the plaintiff, who as a subcontractor under one Hicks, had been…
2Cases cited11 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Steed v. KnowlesSupreme Court of Alabama · 1885
- McLeod v. McLeodSupreme Court of Alabama · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Nat. SEC. Fire & Cas. Co. v. BowenSupreme Court of Alabama · 1983
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Central Iron & Coal Co. v. WrightAlabama Court of Appeals · 1924
- Terry v. StateAlabama Court of Appeals · 1915
8 more not listed; retrieve them via the Exa API.