Sheppard v. Furniss
Supreme Court of Alabama
‘ERROR to the 'Circuit Court of Montgomery-. Tried before the Hon. Robert Dougherty.. This was an action of trespass on the case “ brought to recover damages of defendant for maliciously and unlawfully causing plaintiff to be arrested under a cap. ad, sat. sued out at the instance of defendant on a judgment rendered in defendant’s favor against Allen M-. Sheppard and Robert A-. She.ppard, in the Circuit Court of Montgomery.County, at the May Term, 1847, and detaining his…
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‘ERROR to the 'Circuit Court of Montgomery-. Tried before the Hon. Robert Dougherty.. This was an action of trespass on the case “ brought to recover damages of defendant for maliciously and unlawfully causing plaintiff to be arrested under a cap. ad, sat. sued out at the instance of defendant on a judgment rendered in defendant’s favor against Allen M-. Sheppard and Robert A-. She.ppard, in the Circuit Court of Montgomery.County, at the May Term, 1847, and detaining his body in prison for -a long space of time, to wit, for ten days.” The declaration contained five counts, the first 'and…
1Opinion of the CourtColeman, J.
The declaration in this case contains five counts, and the defendant has demurred to the whole declaration for a misjoinder of counts, and to each count separately.
The first count in the declaration is a count in trespass on the case.
The second count avers that the defendant falsely and maliciously, &c.,made an affidavit in writing before the clerk of the Circuit Court of Montgomery County, stating in substance that said Furniss had recovered a judgment in said court against said Robert A. Sheppard, and one Allen M. Sheppard, for the sum of seventy-five dollars damages, besides costs, and…
2Cases cited1 opinion
- Ragsdale v. BowlesSupreme Court of Alabama · 1849
3Cited by17 opinions
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Strain v. IrwinSupreme Court of Alabama · 1915
- Bay Shore Railroad v. HarrisSupreme Court of Alabama · 1880
- Bell's Adm'r v. TroySupreme Court of Alabama · 1859
- Hotel Supply Co. v. ReidAlabama Court of Appeals · 1918
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