Boshell v. Cunningham
Supreme Court of Alabama
• Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge. Action by Rufus M. Cunningham against Will J. Boshell and others for damages for false imprisonment, malicious prosecution, and assault and battery. Judgment for plaintiff, and defendants appeal.
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• Appeal from Law and Equity Court, Walker County; T. L. Sowell, Judge. Action by Rufus M. Cunningham against Will J. Boshell and others for damages for false imprisonment, malicious prosecution, and assault and battery. Judgment for plaintiff, and defendants appeal. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Defendant requested the following written charges: (10) I charge you that, where tne tacts known to the prosecutor or the information received by him entitled to credit are such as to justify the belief in the mind of a person of reasonable intelligence and…
1Opinion of the Court
MeOLELLAN, j.
The appellee (plaintiff) was awarded a judgment against the three appellants, upon whose separate, several assignments of error this review is invoked. As finally submitted to the jury, the complaint contained six counts. Those numbered 1, 2, and 4 charge the defendants with either arresting and imprisoning the plaintiff or causing the arrest and imprisonment of the plaintiff on a charge of larceny; maliciously and without probable cause therefor. Count 3 charged the defendants with causing plaintiff’s arrest under a warrant issued by Knight, justice of the peace, maliciously and…
2Cases cited5 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Mississippi Lumber Co. v. Smith & Co.Supreme Court of Alabama · 1907
- Walker v. GunnelsSupreme Court of Alabama · 1914
3Cited by13 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
- Turner v. BlantonSupreme Court of Alabama · 1965
- Polytinsky v. JohnstonSupreme Court of Alabama · 1924
- Liberty National Life Insurance Co. v. PattersonSupreme Court of Alabama · 1965
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