SOUTHEASTERN EXPRESS CO. v. KENDRICK

No. 4428.

2 F.2d 968 (1924)

SOUTHEASTERN EXPRESS CO. v. KENDRICK.

Circuit Court of Appeals, Fifth Circuit.

November 5, 1924.


Attorney(s) appearing for the Case

R. H. Scrivner, of Birmingham, Ala. (Stokely, Scrivner, Dominick & Smith, of Birmingham, Ala., on the brief), for plaintiff in error.

H. M. Abercrombie, of Birmingham, Ala., for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and ESTES, District Judge.


BRYAN, Circuit Judge.

This is an action of malicious prosecution, in which the plaintiff below recovered a verdict and judgment for $750. On this writ of error the defendant complains of the failure of the court at the close of the evidence to direct a verdict in its favor, on the grounds that there was no proof that it caused the arrest and prosecution of the plaintiff, and that the prosecution, even if instigated by defendant's agent, was not in its interest, and...

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