Dickerson v. Schwabacher
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Thomas Dickerson against U. Schwabacher for malicious abuse of process. Judgment for defendant, and plaintiff appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Thomas Dickerson against U. Schwabacher for malicious abuse of process. Judgment for defendant, and plaintiff appeals. The complaint is as follows: “Plaintiff claims of defendant the sum of $10,000 as damages, and as his cause of action alleges that the defendant, upon his affidavit and his bond, had issued from the justice court of E. H. Lopez a writ of garnishment against this defendant, and levied upon the Bessemer National Bank of Bessemer, Ala., on, to wit, the 8th day of June, 1910, and placed in the hands of J.…
1Opinion of the CourtSimpson, J.
This action is by the appellant against the appellee on the two counts of the complaint, set out by the reporter in the statement of the; case. The court sustained demurrers to both counts. Appellant’s brief claims that both counts are for malicious abuse of process, and, in order to a proper understanding of the case, it seems advisable to define the actions of malicious prosecution, and abuse of process, noting the distinguishing marks of each.
One essential difference between the actions is that malicious prosecution refers to malice and Avrong in the issuance of the process, Avhile abuse…
2Cases cited5 opinions
- Bartlett v. ChristhilfCourt of Appeals of Maryland · 1888
- Brown v. MasterSupreme Court of Alabama · 1894
- Nix v. GoodhillSupreme Court of Iowa · 1895
- Oates v. BullockSupreme Court of Alabama · 1902
- Kline v. HibbardNew York Supreme Court · 1894
3Cited by27 opinions
- Eidson v. Olin Corp.Supreme Court of Alabama · 1988
- Drill Parts and Service Co. v. Joy Mfg.Supreme Court of Alabama · 1993
- CC & J., INC. v. HagoodSupreme Court of Alabama · 1998
- Dempsey v. DenmanSupreme Court of Alabama · 1983
- Clikos v. LongSupreme Court of Alabama · 1936
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