Burgin v. Sullivan
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Claude Burgin, by Ms next friend, against J. J. Sullivan and others. From a judgment for defendants, plaintiff appeals. The first count ivas for malicious and false imprisonment, as was the second and third. The fourth, fifth, and sixth were for malicious prosecution. Demurrers were interposed and overruled The defendants jointly interposed the pleas of general issue and not guilty.
Read the full summary
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by Claude Burgin, by Ms next friend, against J. J. Sullivan and others. From a judgment for defendants, plaintiff appeals. The first count ivas for malicious and false imprisonment, as was the second and third. The fourth, fifth, and sixth were for malicious prosecution. Demurrers were interposed and overruled The defendants jointly interposed the pleas of general issue and not guilty. Sullivan, by way of special plea, set up that all the connection he had with the arrest and imprisonment, of defendant ivas that he was…
1Opinion of the Court
DOWDELL, 4.
The first three assignments of error relate to rulings of the court .on demurrers to the third, fourth, and fifth special pleas. If it be conceded that the matters of defense set up in these pleas was available to the defendants under the plea of the general issue, no injury could result in overruling the demurrer on this particular ground. The matters set up in the pleas constituted a complete defense to the action, and the pleas were not subject to any of the other grounds set forth in the demurrers The law is too well settled in this state to admit of controversy that a judicial…
2Cases cited4 opinions
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Woodruff v. StewartSupreme Court of Alabama · 1879
- Busteed v. ParsonsSupreme Court of Alabama · 1875
- Heard v. HarrisSupreme Court of Alabama · 1880
3Cited by4 opinions
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Early v. FitzpatrickSupreme Court of Alabama · 1909
- Blancett v. WimberleyAlabama Court of Appeals · 1918
- Duffin v. SummervilleAlabama Court of Appeals · 1913