Copley v. Grover & Baker Sewing-Mach. Co.
U.S. Circuit Court for the District of Southern Alabama
This was a suit brought by the plaintiff against the defendant corporation to recover fifty thousand dollars damages for a malicious prosecution.
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This was a suit brought by the plaintiff against the defendant corporation to recover fifty thousand dollars damages for a malicious prosecution. The allegations of the complaint were: First, that the defendant maliciously, and without proper cause therefor, caused an affidavit to be made before G. M. Parker, mayor of Mobile, and ex officio justice of the peace, charging plaintiff with the crime of embezzlement, and causing a warrant to be issued by said G. M. Parker for the arrest ■ of said plaintiff, and upon which warrant he was arrested and imprisoned for one day, viz: on the 1st day of…
1Opinion of the Court
BRUCE, District Judge.
The authorities are very clear that in an action for malicious prosecution, two things are essential to be established by the plaintiff: (1) The absence of all probable cause for such a prosecution on the part of the defendant; and (2) that the prosecution was malicious. See 2 Greenl. Ev. § 453; 1 Hill. Torts, 420; Ewing v. Sandford, 21 Ala. 157.
The position of the defendant’s counsel upon the demurrer is: That the action being for a malicious prosecution, into which malice enters as an essential element and ingredient, cannot be maintained, because the defendant is a…
2Cases cited2 opinions
- Ewing v. SanfordSupreme Court of Alabama · 1852
- Owsley v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861
3Cited by6 opinions
- Salt Lake City v. HollisterSupreme Court of the United States · 1886
- Stewart v. WrightCourt of Appeals for the Eighth Circuit · 1906
- Reed v. Home Savings BankMassachusetts Supreme Judicial Court · 1881
- Williams v. Planters' Insurance Co.Mississippi Supreme Court · 1880
- Boogher v. Life Ass'n of AmericaSupreme Court of Missouri · 1882
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