Turner v. Turner
Tennessee Supreme Court
Appeal in error from the Circuit Court of Wilson County. Rout. Cantrell, J. Action for false imprisonment and malicious prosecution. The plaintiff obtained judgment on January 17th, 1882. Defendant appealed.
1Opinion of the CourtSnodgrass, J.
There were two counts in the declaration in this case — one for false imprisonment, the other for malicious prosecution.
There was a demurrer to the latter count because it did not contain averment of want of reasonable or probable cause, and stated no cause of action.
The demurrer was overruled.
The action for. malicious prosecution is only intended to apply to “cases where a criminal accusation is made against an innocent man through malice, and in the absence of a fair and reasonable probability of its truth.” Raulston v. Jackson, 1 Sneed, 128.
In such case the declaration must contain this…
2Cases cited1 opinion
- Ewing v. ThompsonCourt of Appeals of Kentucky · 1802
3Cited by20 opinions
- Cumberland Telephone & Telegraph Co. v. SmithwickTennessee Supreme Court · 1903
- Curran v. StateTennessee Supreme Court · 1928
- Twist v. MullinixSupreme Court of Arkansas · 1916
- Railroad v. NeelyTennessee Supreme Court · 1899
- State Ex Rel. Richardson v. KennerTennessee Supreme Court · 1937
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