O'Neal v. McKinna
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon: J. W. Foster. This action was brought by tire appellee, A. T. Mc-Kinna, against the appellant, C. A. O'Neal. The complaint contained two counts as originally filed.
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Appeal from the Circuit Court of Geneva. Tried before the Hon: J. W. Foster. This action was brought by tire appellee, A. T. Mc-Kinna, against the appellant, C. A. O'Neal. The complaint contained two counts as originally filed. In the first count one thousand dollars damages were claimed for “maliciously and without cause therefor arresting and imprisoning the plaintiff, or causing the plaintiff to be arrested and imprisoned on a charge of obtaining goods by false pretenses for one day, viz., on the 7th day of September, 1894.” The second count was for malicious prosecution, and was in the…
1Opinion of the CourtHead, J.
This case, when divested of its unnecessary special pleading and rulings thereon, none of which raises any issue -which the plea of-not guilty would not have presented, is less complicated than at first view appears. There are three counts of the complaint, the first and third being in trespass for false imprisonment, and the second, case for malicious prosecution. Neither of the counts was subject to the demurrer interposed to it.
There was, on the trial, no claim on the part of the plaintiff, that the imprisonment complained of was other than by a lawful officer, under-a legal warrant of…
2Cases cited7 opinions
- City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
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- McLeod v. McLeodSupreme Court of Alabama · 1883
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