*1
675
YORK
KEMP v.
pros
family
bringing
plaintiff
went into therein from
action for malicious
and
and his
the
ecution,
party being
where the
malicious
sued for
occupancy
premises at
same
the
the
of the
prosecution
party
a
criminal
was not
to the
,was
time;
water connec
that
one
there
but
judgment1
action and where
of conviction was
tion,
was used
and all the water furnished
by
city
appeal
of
annulled
an
to
court
therefrom
by
plaintiff
in
Mrs. Powell and the
common
Mobile.
family.
facts,
plaintiff
his
On
the
and
was
these
&wkey;>56
4.
jointly
Malicious
Prosecution
for the
—Advice
Mrs. Powell
with
liable
of Counsel —Burden of Proof.
undisputed
arrears,
rents in
evidence
and the
being
Where defendant
for malicious
sued
appellant
payment
shows
the
demanded
that
prosecution
plea
counsel,
files
he
of advice of
water,
refusing
from him
to furnish
before
showing
has burden of
fair
that he
a full
made
and
charges.
pay
It is
he
and
refused to
these
attorney
to
statement
his
all the facts
of
shown,
charges
further
were correct
that the
knowledge.
within his
Birmingham
justly
Waterworks
and
due.
ante,
209,
515;
Brooks,
p.
—
<&wkey;21(2)
v.
76 South.
s. 5.
Co.
Malicious
Prosecution-
De-
c.,
697,
fenses —Advice of Counsel.
200 Ala.
South. 995.
76
question
waiver,
appears
any
[3] On
of
it
The
the
omission to
to
state
material fact
attorney deprives defendant, being
his
that,
for
sued
when
turned
the defendant
the water
immunity
prosecution,
malicious
of the
other-
plaintiff,
on at the instance of the
it did so
by seeking
wise obtainable
advice of counsel.
representation
plaintiff
on the
of
that he had
just
in,
knowledge
moved
and without
of the
Appeal
Court,
County;
plaintiff
occupied
premises
from
fact that
Circuit
the
Mobile
had
Grayson,
jointly
Powell,
Judge.
used,
C. A.
with
and
Mrs.
in com
her,
supplied through
mon with
the water
by
against
Action Mrs.
E.A. York
W. H.
mains for
defendant’s
the time the rents Kemp
damages
prosecu-
for
for malicious
unpaid,
were due and
and as soon as it as
Judgment
plaintiff,
tion.
for
and defendant
certained these facts the water was cut off. appeals. Affirmed.
justly
doWe
not think these
can
facts
be
Certiorari denied
Kemp v. York
81 So. 195
Ala. Ct. App.1918Check TreatmentAI-generated responses must be verified and are not legal advice.