Legal Opinion

Fisher v. Westmoreland

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 13 opinions

Appeal from the circuit court of Noxubee county. Hon. T. B. Carroll, Judge. Suit by J. T. Westmoreland against Walter S. Fisher et al. From a judgment for plaintiff defendant appeals. The appellee was running a sawmill.

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Appeal from the circuit court of Noxubee county. Hon. T. B. Carroll, Judge. Suit by J. T. Westmoreland against Walter S. Fisher et al. From a judgment for plaintiff defendant appeals. The appellee was running a sawmill. He broke his circular saw, and, being in a hurry to get out a bill of lumber, he sent a negro in his employ to an old, abandoned mill in the neighborhood, which he knew was for sale, and which belonged to Walter S. Fisher, and instructed him to get a saw, and bring it to appellee’s mill, and see if they could use it. The negro brought the saw, and appellee tried to fit it on…

1Opinion of the CourtSmith, J.

The principal is liable for the act of his agent in instituting a criminal prosecution maliciously and without probable cause, if the institution of such prosecution was expressly authorized or subsequently ratified by the principal, or was within the scope of the agent’s employment. In the case at bar the act of Crigler in instituting the prosecution complained of was never ratified by appellant, and he had no express authority to institute such a prosecution, unless it is contained in the letter written to him by appellant on June 22, 1910, which the reporter will set out in full.

A mere…

2Cases cited2 opinions

  1. Daniel v. RailroadSupreme Court of North Carolina · 1904
  2. Markley v. SnowSupreme Court of Pennsylvania · 1904

3Cited by13 opinions

  1. Royal Oil Co., Inc. v. WellsMississippi Supreme Court · 1986
  2. State Life Ins. Co. of Ind. v. HardyMississippi Supreme Court · 1940
  3. Hyde Construction Co., Inc. v. Koehring CompanyDistrict Court, S.D. Mississippi · 1974
  4. Brown v. KisnerMississippi Supreme Court · 1942
  5. Akers v. Estate of JohnsonMississippi Supreme Court · 1970

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