Abingdon Mills v. Grogan
Supreme Court of Alabama
.Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by A. R!. Grogan against the Abingdon Mills. From a judgment for plaintiff, defendant appeals. The complaint contained five counts, all of which were in Code form.
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.Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by A. R!. Grogan against the Abingdon Mills. From a judgment for plaintiff, defendant appeals. The complaint contained five counts, all of which were in Code form. Plea 4, to which demurrer was sustained, is as follows: “The affidavit for the arrest of the plaintiff was made by W. B. Sanders, and the arrest of the plaintiff was made by said Sanders as a deputy sheriff of Madison county, Alabama, and before making said affidavit and said arrest said Sanders made to •James H. Pride, a reputable practicing…
1Opinion of the CourtAnderson, J.
Each of the counts of the complaint were for a malicious prosecution and were in Code form, and which said form applies to corporations as well as persons. The counts charged the corporation with the act complained of, and the averment that the prosecution was instituted by its agents was superfluous and unnecessary, as the act charged could have only been done through its agent or representa*153live. It charges the corporation with instituting the prosecution, and in order for it to have been done by the corporation it must have appeared that the agent or representative was acting within the…
2Cases cited9 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Boulden v. StateSupreme Court of Alabama · 1893
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Shannon v. SimmsSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Doss v. StateSupreme Court of Alabama · 1929
- S.S. Kresge Co. v. RubySupreme Court of Alabama · 1977
- Hardie-Tynes Mfg. Co. v. CruiseSupreme Court of Alabama · 1914
- INTERNATIONAL UNION, ETC. v. RussellSupreme Court of Alabama · 1956
- Poff v. HayesSupreme Court of Alabama · 2000
27 more not listed; retrieve them via the Exa API.