Shannon v. Simms
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. A. H. Alston. This was an action brought by‘the appellee against appellant for malicious prosecution and false imprison-, ment. Counts 1 and 2 are laid for malicious prosecution; count 3 for false imprisonment. The court permitted the affidavit and warrant by which prosecution was begun against appellee to'be introduced in evidence over the objection of appellant.
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Appeal from Walker Circuit Court. Heard before Hon. A. H. Alston. This was an action brought by‘the appellee against appellant for malicious prosecution and false imprison-, ment. Counts 1 and 2 are laid for malicious prosecution; count 3 for false imprisonment. The court permitted the affidavit and warrant by which prosecution was begun against appellee to'be introduced in evidence over the objection of appellant. The affidavit was made by one Chambers, and failed to allege probable cause for believing that an offense had been committed. Later on in the trial the plaintiff introduced W. D.…
1Opinion of the CourtAnderson, J.
This case seems to have been tried on three counts; the first two being for a malicious prosecution, and the third fot false imprisonment. The affidavit introduced in evidence seems to have been made by *676one Chambers, who is not a party to. the suit, and was prematurely admitted against this defendant, because it was not shown that he authorized Chambers to make it or subsequently ratified his doing so, and defendant’s objection to the introduction should have been sustained. The error of the court, however, was cured by evidence subsequently introduced by plaintiff, tending to show that…
2Cases cited6 opinions
- McLeod v. McLeodSupreme Court of Alabama · 1882
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Bessemer Liquor Co. v. TillmanSupreme Court of Alabama · 1903
- Monroe v. StateSupreme Court of Alabama · 1902
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3Cited by25 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Robertson v. StateAlabama Court of Appeals · 1924
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- McClinton v. RiceArizona Supreme Court · 1953
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
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