Sandlin v. Anders
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by James A. Anders against Randolph Sandlin, for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. The contents of the affidavit sufficiently appear in the opinion.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by James A. Anders against Randolph Sandlin, for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. The contents of the affidavit sufficiently appear in the opinion. The following charges were refused to defendant: (25) In determining whether defendant had probable cause for instituting the prosecution, you may look to the fact, if it be a fact, that the inferior court of Hartselle adjudged plaintiff guilty of the offense. The instruction made the basis of the forty-second…
1Opinion of the CourtSayre, J.
The affidavit with which appellant, defendant in the court below, began his prosecution against the appellee charged that appellee did feloniously sever and carry away from the lands of James A. Sherrill, 30 cedar trees, which were growing on said lands, and which were of the value of $30, the property of Randolph Sandlin. In the connection used “feloniously” means “with intent to steal.” The affidavit was notably defective and demurrable, but upon a fair interpretation we do not doubt that it was intended to charge appellee with the crime of larceny, and that, if suffered to go unchallenged…
2Cases cited6 opinions
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Nicrosi v. PhillipiSupreme Court of Alabama · 1890
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
- Kroger Company v. PuckettCourt of Civil Appeals of Alabama · 1977
- Ex Parte KempSupreme Court of Alabama · 1919
- Piggly-Wiggly Alabama Co. v. RicklesSupreme Court of Alabama · 1925
6 more not listed; retrieve them via the Exa API.