Motes v. Bates
Supreme Court of Alabama
Appeal from, the Circuit Court of Pike. Tried before Hon. John P. Hubbard. This was an action brought by Joseph A. Bates in the court below, to recover damages of the defendant, P. A. Motes, the appellant here, for an alleged malicious prosecution ; there having been a previous trial of the cause, and a reversal, on appeal, by this court. Issue was joined on the plea of “ not guilty.”
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Appeal from, the Circuit Court of Pike. Tried before Hon. John P. Hubbard. This was an action brought by Joseph A. Bates in the court below, to recover damages of the defendant, P. A. Motes, the appellant here, for an alleged malicious prosecution ; there having been a previous trial of the cause, and a reversal, on appeal, by this court. Issue was joined on the plea of “ not guilty.” It was shown by the plaintiff that at the Fall term, 1880, he had been arrested and tried for an assault and battery upon the body of the said Motes, under an indictment procured by Motes, whose name was…
1Opinion of the CourtClopton, J.
When this case was before the court on a former appeal (74 Ala. 374), it was held, that it is permissible for the plaintiff to prove the conduct and movements of the defendant on the day of the plaintiff’s arrest, and while he was in custody, endeavoring to give bail. The ruling is founded on the settled doctrine, that it is competent to show any acts, conduct or words of the defendant, tending to establish malice, or other improper motive in the prosecntion, or that he was moved by a-purpose to vex, harass or oppress the plaintiff, as a ground for allowing exemplary damages. But, on the last…
2Cases cited7 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Holland v. BarnesSupreme Court of Alabama · 1875
- Riddle v. BrownSupreme Court of Alabama · 1852
- Jackson v. SmithSupreme Court of Alabama · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Rhea v. StateSupreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.