American Ry. Express Co. v. Summers
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; J. B. Aird, Judge. Action for false imprisonment by Fletcher Summers against the American Railway Express Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Jefferson County ; J. B. Aird, Judge. Action for false imprisonment by Fletcher Summers against the American Railway Express Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Two or more distinct causes of action cannot be stated in the alternative in the same count. 181 Ala. 499, 61 South. 361; 144 Ala. 60S, 42 South. 39; 110 Ala. 491, 18 South. 110; 116 Ala. 302, 22 South. 509; 94 Ala. 413, 10 South. 274; 131 Ala. 591. 32 South. 507; 137 Ala. 454, 34 South. 988; 134 Ala. 354, 32 South.…
1Opinion of the CourtGardner, J.
This is an appeal from a judgment recovered by the appellee against the appellant based upon count 5 of the complaint, which sought recovery as for false imprisonment.
[1] The first question argued by counsel for appellant relates to the action of the court in overruling demurrer to this count of the complaint. The count avers that the defendant’s servant or agent, acting within the line and scope of his employment, wrongfully arrested and imprisoned the plaintiff or wrongfully caused the plaintiff to be arrested and imprisoned for a long time. And the argument is made .that this count…
2Cases cited13 opinions
- Rich v. McInernySupreme Court of Alabama · 1893
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- Filer v. SmithMichigan Supreme Court · 1893
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
- McNamara v. LoganSupreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- McMullen v. DanielSupreme Court of Alabama · 1933
- Clikos v. LongSupreme Court of Alabama · 1936
- Alabama Co. v. NorwoodSupreme Court of Alabama · 1924
- Molton Realty Co. v. MurchisonSupreme Court of Alabama · 1925
5 more not listed; retrieve them via the Exa API.