Lunsford v. Dietrich
Supreme Court of Alabama
Action for Malicious Prosecution. Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Carl Dietrich (or Ditterick) against George Lunsford, to recover damages for a malicious prosecution on a charge of larceny ; and was commenced on the 9th December, 1886. The charge of larceny was based on the plaintiff’s abstraction of the plans and specifications of a building, which Lunsford was erecting in Birmingham.
Read the full summary
Action for Malicious Prosecution. Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Carl Dietrich (or Ditterick) against George Lunsford, to recover damages for a malicious prosecution on a charge of larceny ; and was commenced on the 9th December, 1886. The charge of larceny was based on the plaintiff’s abstraction of the plans and specifications of a building, which Lunsford was erecting in Birmingham. Lunsford testified that he had employed one Rousseau, an architect, to draw the plans and superintend the work on the house, and…
1Opinion of the CourtMcOLELLAR, J.
— This an action by Dietrich against Lunsford for malicious prosecution. The institution of a criminal prosecution by the latter, and its termination before suit brought, were admitted, or at least not controverted. On the trial, the burden was on the plaintiff to show further, both that that prosecution was malicious, and that it was instituted without probable cause. The proof of neither of these factors in the right of recovery would avail plaintiff in the absence of proof of the other. However malicious Lunsford may have been, he is not liable in this action if- he had probable cause for…
2Cases cited26 opinions
- Vinal v. CoreWest Virginia Supreme Court · 1881
- Ramsey v. ArrottTexas Supreme Court · 1885
- Graeter v. WilliamsIndiana Supreme Court · 1876
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
21 more not listed; retrieve them via the Exa API.
3Cited by60 opinions
- Delchamps, Inc. v. BryantSupreme Court of Alabama · 1999
- Nat. SEC. Fire & Cas. Co. v. BowenSupreme Court of Alabama · 1983
- P. Lorillard Co. v. ClaySupreme Court of Virginia · 1920
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
55 more not listed; retrieve them via the Exa API.