Bennett v. Black
Supreme Court of Alabama
In the Circuit Court of Madison county, Black declared vs. Bennett for a malicious prosecution in having a warrant issued against him, and having him arrested for the crime of robbery, in forcibly taking a negro slave from Bennett’s possession, not guiity, and issue verdict and judgement for the plaintiff. £)n the trial the plaintiff gave in evidence, a warrant for the apprehension of himself, Hugh M. Miller, and Fran-f;js yy.
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In the Circuit Court of Madison county, Black declared vs. Bennett for a malicious prosecution in having a warrant issued against him, and having him arrested for the crime of robbery, in forcibly taking a negro slave from Bennett’s possession, not guiity, and issue verdict and judgement for the plaintiff. £)n the trial the plaintiff gave in evidence, a warrant for the apprehension of himself, Hugh M. Miller, and Fran-f;js yy. Flanagan, “ to answer a charge of robbery, by for-' cibly taking one negro from and out of the possession of Samuel Bennett,” and the affidavit made by Bennett'as the…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the Court.
We are of opinion that the Circuit Court erred in rejecting the testimony as set forth in the first assignment. We think that the instructions given to the jury, were in other respects correct. Judgement reversed, and cause, remanded.
2Cited by4 opinions
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- Crosby v. HawthornSupreme Court of Alabama · 1854
- Burlingame v. BurlingameNew York Supreme Court · 1828
- Chandler v. McPhersonSupreme Court of Alabama · 1847