Scott v. Fletcher

Tennessee Superior Court for Law and Equity

Scott v. Fletcher

1 Tenn. 488

CourtTennessee Superior Court for Law and Equity

DecidedDecember 6, 1809

StatusPublished

This text of 1 Tenn. 488 (Scott v. Fletcher) is published on Counsel Stack Legal Research, covering Tennessee Superior Court for Law and Equity primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. Fletcher, 1 Tenn. 488 (Tenn. Ct. App. 1809).

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Opinions

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.¹

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.

¹ See 3 Caines, 120.

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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.¹

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.

¹ See 3 Caines, 120.

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1 Tenn. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-fletcher-tennsuperct-1809.

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