Kemp v. York
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; C. A. Grayson, Judge. Action by Mrs. A. E. York against W. H. Kemp for damages for malicious prosecution. Judgment for plaintiff, and defendant appeals. The second plea is that the defendant says that the said cause in which plaintiff was arrested was tried in the inferior criminal court from which said warrant issued, and that the plaintiff was convicted of the offense for which she was arrested in said inferior criminal court.
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Appeal from Circuit Court, Mobile County; C. A. Grayson, Judge. Action by Mrs. A. E. York against W. H. Kemp for damages for malicious prosecution. Judgment for plaintiff, and defendant appeals. The second plea is that the defendant says that the said cause in which plaintiff was arrested was tried in the inferior criminal court from which said warrant issued, and that the plaintiff was convicted of the offense for which she was arrested in said inferior criminal court. Plea 3 sets up the advice of counsel sought and action thereon in good faith. The case against the plaintiff in the inferior…
1Opinion
On Rehearing.
[3] The defendant’s second plea can be sustained on no other theory than that the judgment of conviction in the inferior court operates as an estoppel against plaintiff to controvert the existence of probable cause' — in other words, the judgment is res adjudicata as to the existence of probable cause— and, if sustained, is a complete defense to this action. There are two elements essential to the application of the doctrine of estoppel by judgment absent in this case: The parties in the two cases are not the same. Holland v. Fairbanks, Morse & Co., 166 Ala. 198, 51 South. 931;…
2Cases cited10 opinions
- MacDonald v. SchroederSupreme Court of Pennsylvania · 1906
- Skeffington v. EylwardSupreme Court of Minnesota · 1906
- Davis v. McMillanMichigan Supreme Court · 1905
- Richter v. KosterIndiana Supreme Court · 1874
- Stewart v. BlairSupreme Court of Alabama · 1911
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