Legal Opinion

Dale County v. Gunter

Supreme Court of Alabama

Decided June 15, 1871PublishedCited by 14 opinions

Appeal from the Circuit Court of Dale. Tried before Hon. J. McOaleb Wiley. On the 28th of December, 1868, the general assembly of Alabama passed an act entitled, “ an act to suppress murder, lynching, assaults, and assaults and batteries.”

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Appeal from the Circuit Court of Dale. Tried before Hon. J. McOaleb Wiley. On the 28th of December, 1868, the general assembly of Alabama passed an act entitled, “ an act to suppress murder, lynching, assaults, and assaults and batteries.” The first, second, third, fourth and seventh sections of the act are as follows: “ Sec. 1. Be it enacted by the General Assembly of Alabama, That whenever, in any county of this State, any person shall be assassinated or murclered by any outlaw, or person or persons in disguise, or mob, or for past or present party affiliation or political opinion, the…

1Opinion of the CourtPeck, C. J.

But two questions need be considered in disposing of this case. First. Is the cause of action disclosed in the complaint a claim required to be presented to the court of county commissioners, to be allowed or rejected by said court before suit brought ? Second. Do the facts admitted and agreed upon by the parties prove that the plaintiff’s husband, William T. Gunter, was murdered or assassinated by an outlaw, or by a person or persons in disguise, or by a mob, within the purview and. meaning of the first section of the act entitled “ An act to suppress murder, lynching and assaults and…

2Cases cited1 opinion

  1. Weaver v. LapsleySupreme Court of Alabama · 1869

3Cited by14 opinions

  1. United States v. HallCourt of Appeals for the Second Circuit · 1952
  2. Commissioners Court v. RatherSupreme Court of Alabama · 1872
  3. Folmar v. BrantleySupreme Court of Alabama · 1939
  4. Darneal v. StateCourt of Criminal Appeals of Oklahoma · 1917
  5. Boyer v. StateIndiana Supreme Court · 1908

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