The American and English Corporation Cases; A Collection of All Cases Affecting Corporations of Every Kind, Other Than Municipal and Railroad, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Volume 16 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...property. It follows that the judgment should be affirmed. We concur: GRAY, C.; SMITH, C. PER CURIAM. For the reasons given in the foregoing opinion, the judgment is aflirmed. SOUTHERN CAR & Foummv Co. u. Anams. (Supreme Court 0fAlabama, N02/. 27, 1902.) 32 So. Rep. 503. Malicious Pr_osecution---Dismissal of Proceedings--Complaint. A count of a complaint for malicious prosecution alleging that the prosecutor appeared and dismissed the proceedings, and that the prosecution was thereby ended and plaintifi' discharged, stated a cause of action, though it did not allege that the prosecution had been "judicially investigated." Same--Malice---Declarations of General Superintendent of Defendant Corporation ' In an action against a corporation for malicious prosecution, the otficer who made the arrest testified that before the arrest, but while the warrant was in his hands, he met the general superintendent of defendant, who asked if he had arrested plaintiff, and stated that he intended to stop such depredations as plaintiff had been charged with, or "break somebody's neck " /leld, that the evidence was not subject to an objection that it was not shown the superintendent had any authority to bind defendant by any such statement, but was admissible to show malice and motive. Same--Same--Same--Res Gestaa. The evidence was not subject to an objection that it was not part of the res gestae. Same---Damages--Evidence--FinanciaI Standing. In an action for malicious prosecution it was error to admit evidence to show defendant's financial standing, as bearing on the amount of punitive damages that might be awarded. Same--Same---Scope of Employment--lnstruction. In an action against a corporation for...