Fowler v. Rudder

Court of Appeals of Georgia

Fowler v. Rudder

133 S.E. 880, 35 Ga. App. 525, 1926 Ga. App. LEXIS 968

CourtCourt of Appeals of Georgia

DecidedJune 16, 1926

Docket17195

StatusPublished

This text of 133 S.E. 880 (Fowler v. Rudder) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fowler v. Rudder, 133 S.E. 880, 35 Ga. App. 525, 1926 Ga. App. LEXIS 968 (Ga. Ct. App. 1926).

Pincite

Opinion

Bloodworth, J.

This action was for damages for malicious arrest. The undisputed evidence shows that the defendant Rudder paid Ben Padgett, a negro, to swear out a warrant against Fowler, another negro, charging him with carrying a concealed pistol in Fannin County, Georgia, and that before doing so Rudder knew that all Padgett knew about Fowler having a pistol was that he had one in Louisville, Ky. This is shown by the testimony of Padgett. Following the issuance of the warrant an attempt was [526]*526made to indict Fowler in Fannin County, Georgia, but a “no-bill” was returned. Padgett’s testimony, properly construed as a whole, clearly shows that he knew nothing about Fowler having a pistol or of his having committed any crime in Fannin County, Georgia, and that Eudder knew this when he procured Padgett to swear out the warrant against Fowler. The evidence was sufficient to carry the case to the jury, and the court erred in granting a nonsuit.

Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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Bloodworth, J.

This action was for damages for malicious arrest. The undisputed evidence shows that the defendant Rudder paid Ben Padgett, a negro, to swear out a warrant against Fowler, another negro, charging him with carrying a concealed pistol in Fannin County, Georgia, and that before doing so Rudder knew that all Padgett knew about Fowler having a pistol was that he had one in Louisville, Ky. This is shown by the testimony of Padgett. Following the issuance of the warrant an attempt was [526]*526made to indict Fowler in Fannin County, Georgia, but a “no-bill” was returned. Padgett’s testimony, properly construed as a whole, clearly shows that he knew nothing about Fowler having a pistol or of his having committed any crime in Fannin County, Georgia, and that Eudder knew this when he procured Padgett to swear out the warrant against Fowler. The evidence was sufficient to carry the case to the jury, and the court erred in granting a nonsuit.

Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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Bluebook (online)

133 S.E. 880, 35 Ga. App. 525, 1926 Ga. App. LEXIS 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-rudder-gactapp-1926.