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Scott v. Fletcher

Superior Court for Law and Equity, Robertson District
Dec 1, 1809
1 Tenn. 488 (Tenn. Ch. 1809)

Opinion

December 1809.

In questions of tort or quasi tort, as in an action for malicious prosecution, where the injury alleged is doubtful, character may be given in evidence. [See Rogers v. Pratt, 1 Hum. 90.]

GRUNDY, for plaintiff.


Appeal.Case for malicious prosecution.


In questions of tort, or quasi tort, where the injury alleged is doubtful, character may be given in evidence. The injury, either wholly or in some degree, must depend upon intention, and, to ascertain this in doubtful cases character becomes a material inquiry.

See 3 Caines, 120.

Upon this point POWEL, J., doubted.

HUMPHREYS, J., having been employed, was absent.

STEWART, arguendo, admitted that depositions taken in the County Court, and used there, might be used here without proof of notice.


after argument, stated that copies of depositions used in the court below cannot be read here. The originals should have been sent up under seal.


Summaries of

Scott v. Fletcher

Superior Court for Law and Equity, Robertson District
Dec 1, 1809
1 Tenn. 488 (Tenn. Ch. 1809)
Case details for

Scott v. Fletcher

Case Details

Full title:SCOTT v. FLETCHER

Court:Superior Court for Law and Equity, Robertson District

Date published: Dec 1, 1809

Citations

1 Tenn. 488 (Tenn. Ch. 1809)

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