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Legal Opinion

King v. Robertson

Supreme Court of Alabama

Decided October 12, 1933No. 6 Div. 212PublishedCited by 5 opinions

1Opinion of the Court

KNIGHT, Justice.

The action is against the sheriff and the surety on his official bond, and it is for false imprisonment. The complaint is substantially in Code form (Code 1923, § 9531, form 19), and alleged that the arrest and imprisonment were unlawful. The plaintiff thereby anticipated the defense of justification and unnecessarily assumed the negative burden of proof. Strain v. Irwin, 195 Ala. 414, 70 So. 734; Hill v. Wyrosdick, 216 Ala. 235, 113 So. 49.

The proof showed that the deputies of the defendant sheriff arrested the plaintiff on two warrants issued by a justice of the peace. They…

2Cases cited17 opinions

  1. Brown v. StateSupreme Court of Alabama · 1895
  2. Sanders v. DavisSupreme Court of Alabama · 1907
  3. Strain v. IrwinSupreme Court of Alabama · 1915
  4. Ferguson v. StarkeySupreme Court of Alabama · 1915
  5. Hayes v. MitchellSupreme Court of Alabama · 1881

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. DettCourt of Appeals of Maryland · 2006
  2. O'Neill v. KeelingSupreme Court of Iowa · 1939
  3. Walker v. GrahamSupreme Court of Alabama · 1934
  4. Speers v. StateCourt of Criminal Appeals of Alabama · 1989
  5. Hansen v. Dr. Lowe Asso. Indem. Corp.Idaho Supreme Court · 1940

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