Grissom v. Lawler
| Decision Date | 03 June 1914 |
| Docket Number | 258 |
| Citation | 10 Ala.App. 540,65 So. 705 |
| Parties | GRISSOM v. LAWLER. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Franklin County; C.P. Almon, Judge.
Action by Granville R. Lawler against George W. Grissom. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
Chenault & Chenault, of Russellville, for appellant.
Williams & Jones, of Russellville, for appellee.
The count upon which the case went to the jury was in the form prescribed by the Code for a complaint for malicious prosecution. Code 1907,§ 5382, form 20. The allegation of that count as to the arrest of the plaintiff under a warrant was of material matter of description of the tort counted on. Davis v. Sanders, 133 Ala. 275, 32 So. 499; Williams v. Ivey, 37 Ala. 244; Sheppard v Furniss, 19 Ala. 760.
Over the objection of the defendant, the court admitted in evidence an unsigned paper, the body of which was in the form of a warrant for the arrest of the plaintiff for burning the defendant's barn. This paper being without the signature of any magistrate, was not a warrant. Code 1907, §§ 7588, 6704, 6285. It was a mere nullity, and was not admissible in evidence over objection duly made, as it could not properly be made the basis of any inference as to a fact in issue. Though it was admitted in evidence, it cannot be regarded as having any tendency to prove the allegation of the complaint in reference to a warrant. It proved merely the writing of a paper which was not a warrant.
There was no evidence tending to prove an arrest of the plaintiff as alleged in the complaint, unless it is found in the testimony of the magistrate, before whom the defendant made the affidavit charging the plaintiff with the burning of the barn. The testimony of this witness was to the effect that after the affidavit was made, some one called from the outside to him that Lawler (the plaintiff in this case) wanted to make bond; that he went out, saw Lawler, furnished him a blank bond, which was filled out; that Lawler was not confined; that:
Assuming that the magistrate, on the ground that the affidavit which had been made gave him reasonable cause to believe that the...
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...v. Dist. Court of Eighth Judicial Dist. in and for Cascade Cty. (1924), 70 Mont. 378, 225 P. 1000, 1001-1002. 118. Grissom v. Lawler (1914), 10 Ala.App. 540, 65 So. 705. 119. Goodell v. Tower (1904), 77 Vt. 61, 58 A. 790, 107 Am.St.Rep. 745, citing Morrill v. Thurston (1873), 46 Vt. 732, Ca......
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Casino Restaurant v. McWhorter
...we are free to observe that there appears some merit in this insistence. Davis v. Sanders, 133 Ala. 275, 32 So. 499; Grissom v. Lawler, 10 Ala.App. 540, 65 So. 705. On the basis of this position counsel argues that it was error on the part of the court to instruct the jury as to malicious p......
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Prince v. Bryant
...39 Ala. 345; Davis v. Sanders, 133 Ala. 275, 32 So. 499; Bryant v. Hartford Fire Ins. Co., 230 Ala. 80, 159 So. 685; Grissom v. Lawler, 10 Ala.App. 540, 65 So. 705; Casino Restaurant, Inc., v. McWhorter, 35 Ala.App. 332, 46 So.2d 582. See Western Union Telegraph Co. v. Thompson, 5 Cir., 144......
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State v. District Court of Eighth Judicial Dist. in and for Cascade County
... ... [225 P. 1002] ... an actual or constructive seizure or detention of his person; ... so understood by the person arrested. Grissom v ... Lawler, 10 Ala. App. 540, 65 So. 705; Goodell v ... Tower, 77 Vt. 61, 58 A. 790, 107 Am. St. Rep. 745; ... Johnson v. N. & W. Ry., 82 ... ...