Peerson v. Ashcraft Cotton Mills

McCLELLAN, j.

(dissenting). This is an action for damages instituted by the appellant against the appellees. The demurrer of the defendants being sustained, the plaintiff took a nonsuit because of the adverse ruling thus made.

Omitting only the formal parts, the single count of the complaint is in these words:

“That defendants, maliciously and without probable cause, and for the purpose of damaging and harassing plaintiff, procured a bill of complaint- to be filed against plaintiff in the chancery court of Lauderdale county, Ala., on the 8th day of March, 1912, the style of said cause being W.…