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 of the Court
On appeal from the inferior criminal court of Mobile to the circuit court, the trial is de novo on the merits, without regard to the judgment of the inferior court. Alford v. State ex rel. Attorney General, 170 Ala. 220, 54 So. 213, Ann. Cas. 1912C, 1093; Code 1907, §§ 6725, 6723. Such appeal vacates the judgment of the inferior court and destroys its effect as an estoppel. 3 Brickell's Dig. 591, § 42; Freeman on Judgments, § 328; Abraham v. Alford, 64 Ala. 281; Harsh v. Heflin, 76 Ala. 499; Cofer v. Reinschmidt, 121 Ala. 252, 25 So. 769.
The averments of the plea, when construed in connection…
2Cases cited16 opinions
- Alford v. State ex rel. Attorney GeneralSupreme Court of Alabama · 1910
- Hanchey v. BrunsonSupreme Court of Alabama · 1911
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- Skeffington v. EylwardSupreme Court of Minnesota · 1906
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