Motes v. Bates
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by Joseph E. Bates, against P. A. Motes, to recover damages for an alleged malicious prosecution for an assault and battery ; and the trial was had on issue joined on the plea of not guilty. The particulars of the difficulty between the parties, out of which the prosecution grew, are stated in the opinion of the Court.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by Joseph E. Bates, against P. A. Motes, to recover damages for an alleged malicious prosecution for an assault and battery ; and the trial was had on issue joined on the plea of not guilty. The particulars of the difficulty between the parties, out of which the prosecution grew, are stated in the opinion of the Court. While the plaintiff was testifying as a witness for himself, as the bill of exception states, “the court permitted him to testify, against the objection of the defendant, that…
1Opinion of the Court
SOMERVILLE, J.-
— The present action is one for malicious prosecution, instituted by the appellee, Rates, agains the appellant, Motes, who was defendant in the court below. The prosecution complained of, as the basis of the action, was an indictment for assault and battery. It was shown that this prosecution liad terminated in the acquittal of the accused, who is the plaintiff in this suit. The contested issues were as to the existence of malice, and of probable cause on the part of the prosecutor, who, of course, is here the defendant.
1. The fact that the plaintiff was a minor, under…
2Cases cited4 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Riddle v. BrownSupreme Court of Alabama · 1852
- Watson v. StateSupreme Court of Alabama · 1879
- Russell v. StateSupreme Court of Alabama · 1882
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