Legal Opinion

Barlow v. Hamilton

Supreme Court of Alabama

Decided July 2, 1907PublishedCited by 16 opinions

Appeal from Anniston City Court. Heard, before Hon. Thomas W. Coleman, Jii. Action by J. N. Hamilton against John H. Barlow and others for assault'. From a judgment in favor of plaintiff against defendants Barlow and Hasleum, they appeal. The first count is in Code form for assault and battery.

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Appeal from Anniston City Court. Heard, before Hon. Thomas W. Coleman, Jii. Action by J. N. Hamilton against John H. Barlow and others for assault'. From a judgment in favor of plaintiff against defendants Barlow and Hasleum, they appeal. The first count is in Code form for assault and battery. The second count is as follows: “The plaintiff claims of the defendant $5,000 damages, for that the said defendants on, to-wit, the 1st day of March, 1905, assaulted said plaintiff at Piedmont, Ala., and then and there seized and laid hold of the plaintiff, and with great force and violence pulled and…

1Opinion of the CourtDenson, J.

This is an action sounding in damages for an assault and battery alleged to have been committed on the plaintiff by the defendants, John H. Barlow, John Hasleum, John Sewell, and Bud Baxter. A verdict was rendered, finding the defendants Sewell and Baxter not guilty, and the defendants Barlow and Hasleum guilty, and assessing damages in the sum of $750. The judgment appealed from follows the verdict.

The only plea was the general issue — not guilty. Under the issue thus made, evidence tending to show the commission of the assault, or that it was not committed, *637the injury, if any, and the…

2Cases cited12 opinions

  1. Carney v. StateSupreme Court of Alabama · 1885
  2. Mayberry v. StateSupreme Court of Alabama · 1894
  3. State v. HoustonSupreme Court of Alabama · 1885
  4. Mitchell v. GambillSupreme Court of Alabama · 1903
  5. Birmingham Railway & Electric Co v. FranscombSupreme Court of Alabama · 1899

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

3Cited by16 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
  3. Fincher v. StateSupreme Court of Alabama · 1924
  4. Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
  5. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910

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

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