Watson v. Cain
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Him. D. W. Speake. Action by Robert H; Watson against James F. Cain. From a judgment for defendant, plaintiff appeals. The following are the charges refused to the plaintiff.: (1) “Information received from third party, if not believed, is not sufficient predicate upon which to commence a prosecution against another.”
Read the full summary
Appeal from Morgan Circuit Court. Heard before Him. D. W. Speake. Action by Robert H; Watson against James F. Cain. From a judgment for defendant, plaintiff appeals. The following are the charges refused to the plaintiff.: (1) “Information received from third party, if not believed, is not sufficient predicate upon which to commence a prosecution against another.” (4) “If you believe that the defendant, Cain, caused or instigated the prosecution against the plaintiff, and that he did not at the time believe the plaintiff guilty of the offense Avith AAdiich he Avas charged, then the said Gain…
1Opinion of the CourtSomerville, J.
This is an action of malicious prosecution, based upon a complaint which follows in *155its general averments the form prescribed by the Code. The bill of exceptions shows that some of the evidence introduced at the trial in the court below tended to show an absence of belief in the guilt of the plaintiff on the part of the defendant at the time he instigated the prosecution complained of.
The assignments of error are predicated upon the refusal of the trial court to give charges 1 and 4 at the request of the plaintiff, and.the giving of charges 1, 10, 13, and 15 at the request of the defendant.…
2Cases cited5 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
- Peck v. AshurstSupreme Court of Alabama · 1895
3Cited by5 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Adler v. MartinSupreme Court of Alabama · 1912
- Strain v. IrwinSupreme Court of Alabama · 1915
- United States Fidelity & Guaranty Co. v. MillerSupreme Court of Alabama · 1928
- Torian v. AshfordSupreme Court of Alabama · 1927