Rawls v. Bennett
Decision Date | 18 March 1942 |
Docket Number | 164. |
Citation | 19 S.E.2d 126,221 N.C. 127 |
Parties | RAWLS v. BENNETT. |
Court | North Carolina Supreme Court |
Civil action to recover damages for an alleged malicious prosecution.
At the March Term, 1938, Pender Superior Court, the grand jury upon information furnished by the defendant herein, made presentment against the plaintiff for embezzlement. Thereafter, at the October Term, 1938, upon evidence furnished by the defendant herein, the grand jury returned a true bill against the plaintiff for embezzlement.
At the October Term, 1939, the plaintiff was put on trial under the above mentioned indictment for embezzlement, and a directed verdict of "not guilty" was entered in the cause.
This action for malicious prosecution was instituted Demember 7 1939, and was tried at the September Term, 1941, Halifax Superior Court, resulting in verdict and judgment for plaintiff.
It is in evidence that the plaintiff was manager, secretary and treasurer, of the Rawls Motor Sales and Service, Inc., of Burgaw, N. C.; that the defendant, as administratrix and legatee of her husband's estate, had an interest in said company; that she caused a civil action to be instituted against the said W. H. Rawls for an accounting, alleging that she was unable to obtain any satisfactory information from him relative to the business and that he had departed for Roanoke Rapids, N. C., and abandoned the motor sales business in Burgaw.
In this civil action, W. H. Rawls was examined adversely before the Clerk of the Superior Court of Halifax County, and testified, under oath, inter alia, as follows:
Following this examination, Mrs. Bennett, upon advice of her counsel, had a conference with the solicitor of the 8th Judicial District and was advised by him to submit a copy of the examination to the grand jury, which she did, with the sequence of events as above detailed.
Upon the trial of the criminal prosecution, the foregoing examination taken in the civil action was ruled incompetent, and a verdict of acquittal was thereupon directed.
The defendant appeals, presenting for review the refusal of the court to grant her motion for judgment of...
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Rawls v. Ennett
...19 S.E.2d 126221 N.C. 127RAWLS .v.ENNETT.No. 164.Supreme Court of North Carolina.March 18, 1942.Appeal from Superior Court, Halifax County; Jeff D. Johnson, Special Judge.Action by W. H. Rawls against Mrs. W. P. Bennett to recover damages for alleged malicious prosecution. From an adverse judgment, the defendant appeals.Judgment reversed, and judgment of nonsuit entered.Civil action to recover damages for an alleged malicious prosecution.At the March Term, 1938, Pender Superior Court, the grand jury, upon ... ...