Nolen v. Jones
Supreme Court of Alabama
Appeal from Circuit Court, Tallapoosa County; Thomas W. Wert, Judge. Action by G. W. Jones against I. D. Nolen. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 449.
1Opinion of the Court
ANDERSON; C. J.
[1-3] The first count of the complaint is for false imprisonment, while the second one is for a malicious prosecution. The defendant pleaded justification under legal process as to the first count, and which, if established, was a complete defense to said count for false imprisonment. Leib v. Shelby Co., 97 Ala. 626, 12 South. 67; Sou. Car Co. v. Adams, 131 Ala. 157, 32 South. 503; Emerson v. Lowe Mfg. Co., 159 Ala. 350, 49 South. 69; Pell City Mfg. Co. v. Swearingen, 156 Ala. 397, 47 South. 272. The proof shows that the plaintiff was arrested under a warrant issued by a…
2Cases cited6 opinions
- Brown v. StateSupreme Court of Alabama · 1879
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
- Emerson v. Lowe Mfg. Co.Supreme Court of Alabama · 1909
- Adams v. CoeSupreme Court of Alabama · 1898
- Leib v. Shelby Iron Co.Supreme Court of Alabama · 1892
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3Cited by4 opinions
- Ex Parte McElroySupreme Court of Alabama · 1941
- Royer v. StateCourt of Criminal Appeals of Alabama · 1988
- Ellis v. GlascowCourt of Appeals of Texas · 1943
- Jones v. StateCourt of Criminal Appeals of Alabama · 1987