Lunsford v. Dietrich
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Carl Dietrich against George Lunsford, to recover damages for a malicious prosecution on the 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 said Lunsford was erecting in the city of Birmingham, the same having been drawn and furnished by said…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Carl Dietrich against George Lunsford, to recover damages for a malicious prosecution on the 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 said Lunsford was erecting in the city of Birmingham, the same having been drawn and furnished by said Dietrich and one Bousseau, who were at the time partners. The court charged the jury, “that the plaintiff, if he was…
1Opinion of the CourtClopton, J.
Appellant instituted a criminal prosecution against appellee, by causing a warrant for his arrest to be issued by a justice of the peace, on the charge of larceny *252of the drawings for a building. The criminal proceedings having been terminated, and appellee discharged, he brings this action for malicious prosecution. Eor the purpose of proving that the prosecution was instituted by the defendant, and its termination, the original affidavit made by him, the warrant of arrest, and the docket of the justice, were introduced in evidence, against the objection of the defendant. The ground of…
2Cases cited4 opinions
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Johnson v. StateSupreme Court of Alabama · 1883
- Ewing v. SanfordSupreme Court of Alabama · 1852
- Blackman v. DowlingSupreme Court of Alabama · 1876
3Cited by10 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Freezer v. MillerSupreme Court of Virginia · 1934
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
- Penney v. WarrenSupreme Court of Alabama · 1927
- Torian v. AshfordSupreme Court of Alabama · 1927
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