Pharis v. Lambert
Tennessee Supreme Court
EROM JACKSON. Pkaris, tie plaintiff in error, prosecuted Lambert by indictment in the circuit court of Jackson for arson, in burning his corn crib, of which Eambert was acquitted. Pharis also toot out a peace warrant against Lambert, who was arrested, taken before a magistrate, and required to give sureties of the peace, and for his appearance at the next term of the circuit court, which he did.
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EROM JACKSON. Pkaris, tie plaintiff in error, prosecuted Lambert by indictment in the circuit court of Jackson for arson, in burning his corn crib, of which Eambert was acquitted. Pharis also toot out a peace warrant against Lambert, who was arrested, taken before a magistrate, and required to give sureties of the peace, and for his appearance at the next term of the circuit court, which he did. Pharis did not appear at the circuit court to prosecute his peace warrant, and Lambert was discharged, whereupon Lambert brought this action for malicious prosecution and false imprisonment against…
1Opinion of the CourtCaeutheRS, J.
This is an appeal in error from the circuit court of Jackson county. The action was for a malicious prosecution, and a recovery of $400 damages.
*230The first error assigned is npon a question of evidence. The plaintiff below was permitted to introduce parol evidence of the contents of a peace warrant upon his own affidavit; that it had been lost or mislaid; that he has caused Ms counsel and the clerk of the court to make diligent search for it; and that his counsel, having it before him when he drew the declaration, has correctly-recited it therein; and the evidence of the clerk of the court,…
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- Landers v. Kroger Co.Court of Appeals of Tennessee · 1976
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- Sam Spicer v. Stace ThompsonCourt of Appeals of Tennessee · 2004