Chambliss v. Blau
Supreme Court of Alabama
Appeal, from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. ■ This action was brought by the appellant, N. M. Chambliss, against the appellee, Peter Blau. The complaint as originally filed contained three counts. The plaintiff withdrew the third count and added a fourth count, and the cause was tried upon the plea of the general issue to each of the counts.
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Appeal, from the Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. ■ This action was brought by the appellant, N. M. Chambliss, against the appellee, Peter Blau. The complaint as originally filed contained three counts. The plaintiff withdrew the third count and added a fourth count, and the cause was tried upon the plea of the general issue to each of the counts. Said counts were as follows: 1. “Plaintiff claims of the defendant one thousand dollars damages, for maliciously, and without probable cause therefor, causing the plaintiff to be arrested and imprisoned on a charge of…
1Opinion of the CourtHaralson, J.
-1. The undisputed evidence shows that defendant, when he went before the magistrate to make complaint, did not charge plaintiff with larceny. He merely stated to that officer, that plaintiff had gone on his .place and taken away a lot of his fodder, without his consent, claiming that he had bought it from John Phillips, a tenant on the place, who had gone away without paying his rent, and he, defendant, wanted to get damages for it. The affidavit he made did not charge larceny, but, if anything, a trespass, — its language being, that “within twelve months before making this affidavit, in…
2Cases cited4 opinions
- Hahn v. SchmidtCalifornia Supreme Court · 1883
- Lark v. BandeMissouri Court of Appeals · 1877
- Newman v. DavisSupreme Court of Iowa · 1882
- Frankfurter v. BryanAppellate Court of Illinois · 1883
3Cited by12 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Briscoe v. LahueCourt of Appeals for the Seventh Circuit · 1981
- Bruce v. Byrne-Stevens & Associates Engineers, Inc.Washington Supreme Court · 1989
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
- Overman v. KleinIdaho Supreme Court · 1982
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