Laney v. Glidden Co.

GARDNER, Justice.

Action for malicious prosecution of a civil suit. On former appeal (Glidden Co. v. Laney, 234 Ala. 475, 175 So. 296), the conclusion was reached that under the evidence defendants were due .the affirmative charge upon the theory no intentional wrong was done, but at most simple negligence, which will not suffice to sustain such an action. The case considered on' that appeal rested upon counts 1, 2 and 3, charging the wrongful and malicious institution of the suit against plaintiff without probable cause. The conclusion of this Court that the evidence tended to show negligence…