JOHNSON v. SMITH

Civ. 5583.

503 So.2d 868 (1987)

Harold JOHNSON v. Charles SMITH.

Court of Civil Appeals of Alabama.

February 11, 1987.


Attorney(s) appearing for the Case

Floyd C. Enfinger, Jr., Montrose, for appellant.

Taylor D. Wilkins, Jr., of Wilkins, Bankester & Biles, Bay Minette, for appellee.


BRADLEY, Presiding Judge.

This is a malicious prosecution case.

The relevant history of the case is as follows. On October 7, 1981 Harold Johnson filed suit against Charles Smith to recover for moneys allegedly owed by Smith to Johnson. Smith had purchased paint from Johnson but had refused to pay, maintaining that the paint would not dry. After Smith filed a third-party complaint against the paint's manufacturer, the manufacturer issued Smith a check, from...

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