Legal Opinion

Parisian Co. v. Williams

Supreme Court of Alabama

Decided April 24, 1919No. 6 Div. 842PublishedCited by 48 opinions

Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by S. A. Williams against the Parisian Company, Incorporated, and another. Erom a judgment for plaintiff, defendants appeal. Suit for malicious prosecution by S. A. Williams, appellee, against appellant, the Parisian Company, and its manager, Laurens Block, resulting in a verdict and judgment for the plaintiff in the sum of $3,000, from which judgment the defendants prosecute this appeal.

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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by S. A. Williams against the Parisian Company, Incorporated, and another. Erom a judgment for plaintiff, defendants appeal. Suit for malicious prosecution by S. A. Williams, appellee, against appellant, the Parisian Company, and its manager, Laurens Block, resulting in a verdict and judgment for the plaintiff in the sum of $3,000, from which judgment the defendants prosecute this appeal. The evidence for the plaintiff tended to show as follows: That he was manager and largely interested in the firm of S. A. Williams &…

1Opinion of the CourtGardner, J.

[1] This is an action for malicious prosecution tried under the general issue; and the burden of proof is upon the plaintiff to establish by a preponderance of the evidence: “Eirst, that the defendant has prosecuted complainant, or caused him to be prosecuted, as alleged in his complaint, and that tbe prosecution is ended; second, that tbe prosecution on the part of the defendant was both malicious and without probable cause; third, that in consequence of the prosecution complainant was damaged.” Hanchey v. Brunson, 175 Ala. 236, 56 South. 971, Ann. Cas. 1914C, 804.

[2] The following excerpt…

2Cases cited14 opinions

  1. Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
  2. Lunsford v. DietrichSupreme Court of Alabama · 1890
  3. Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
  4. Talley v. WhitlockSupreme Court of Alabama · 1916
  5. Coleman v. PepperSupreme Court of Alabama · 1909

9 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
  2. Eidson v. Olin Corp.Supreme Court of Alabama · 1988
  3. S.S. Kresge Co. v. RubySupreme Court of Alabama · 1977
  4. Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
  5. Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928

43 more not listed; retrieve them via the Exa API.

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