Sloss-Sheffield Steel & Iron Co. v. Devaney
Alabama Court of Appeals
Malicious Prosecution and False Imprisonment. Appeal from Walker Circuit Court Heard before Hon. J. J. Curtis. Action by J. A. Devaney against tbe Sloss-Sbeffield Steel & Iron Company, for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals.
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Malicious Prosecution and False Imprisonment. Appeal from Walker Circuit Court Heard before Hon. J. J. Curtis. Action by J. A. Devaney against tbe Sloss-Sbeffield Steel & Iron Company, for malicious prosecution and false imprisonment. Judgment for plaintiff, and defendant appeals. Tbe court was in error in refusing to strike tbe allegations of mental suffering, and in overruling demurrers to tbe counts in wbicb these averments occur. — Earner v. Earner, Abbotts Notated Cases 108; 19 Cyc. 360. The proof failed to support the complaint for malicious prosecution, as it does not appear that the…
1Opinion of the CourtPelham, J.
The appellee brought his suit in the trial. court, claiming damages for false imprisonment and malicious;i.prosecution. The first, third, fourth, and fifth counts, and counts designated as “A” and “B” are for false ¡imprisonment. Count No. 2 is for malicious prosecution.
The appellant,: among other charges, requested the general charge on count No. 2, and urges the point *459here that the court below erred in the refusal to give this instruction because of the entire absence of proof showing a termination of the prosecution or -judicial proceedings, the foundation of the allegations of the second…
2Cases cited10 opinions
- Sanders v. DavisSupreme Court of Alabama · 1907
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Hayes v. MillerSupreme Court of Alabama · 1907
- McLeod v. McLeodSupreme Court of Alabama · 1883
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
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3Cited by2 opinions
- Steward v. Gold Medal ShowsSupreme Court of Alabama · 1943
- Sloss-Sheffield Steel & Iron Co. v. DevaneySupreme Court of Alabama · 1914