Parisian Co. v. Williams
Supreme Court of Alabama
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
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Coleman v. PepperSupreme Court of Alabama · 1909
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3Cited by48 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Eidson v. Olin Corp.Supreme Court of Alabama · 1988
- S.S. Kresge Co. v. RubySupreme Court of Alabama · 1977
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
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