Kelly v. Moore
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. The record does not show tbe name of tbe presiding judge. The complaint in this case was in these words : “ Tbe plaintiff claims of J. M. McGovern, a justice of tbe peace in and for the county aforesaid, and of James Kelly, John E. Powers, William H. Williamson, and Joseph Hastings, as sureties on tbe official bond of the said McGovern as such justice of tbe peace, the sum of one thousand dollars as damages, for that whereas, on tbe…
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Appeal from tbe Circuit Court of Mobile. The record does not show tbe name of tbe presiding judge. The complaint in this case was in these words : “ Tbe plaintiff claims of J. M. McGovern, a justice of tbe peace in and for the county aforesaid, and of James Kelly, John E. Powers, William H. Williamson, and Joseph Hastings, as sureties on tbe official bond of the said McGovern as such justice of tbe peace, the sum of one thousand dollars as damages, for that whereas, on tbe 11th day of December, 1871, tbe said McGovern did, under color of bis office as such justice of tbe peace, cause tbe…
1Opinion of the CourtBrickell, J.
Since the Code, only substantial defects in a complaint are available on error, after a judgment by default. Browder v. Gaston, 30 Ala. 677; Childress v. Mann, 33 Ala. 206; Douglass v. Beasley, 40 Ala. 142. A material inquiry in this case is, whether the complaint contains a substantial cause of action. The gravamen of the complaint is, that one of the defendants, who was a justice of the peace,under color of his office, without any reason or probable cause therefor, caused the plaintiff to be arrested and 'imprisoned, and that to procure his release from such imprisonment, the plaintiff, at…
2Cases cited5 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Governor ex rel. Simmons v. HancockSupreme Court of Alabama · 1841
- Browder v. GastonSupreme Court of Alabama · 1857
- Childress v. Mann & Co.Supreme Court of Alabama · 1858
3Cited by25 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Fite v. PearsonSupreme Court of Alabama · 1926
- Louisville & Nashville Railroad v. WilliamsSupreme Court of Alabama · 1896
- Deason v. GraySupreme Court of Alabama · 1914
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