Rhodes v. McWilson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Thomas MeWilson against J. Turner Rhodes for a false imprisonment. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 45. The complaint is in four counts, two of which charge unlawful arrest and imprisonment, and two charging the same wrong with malice and without probable cause.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Thomas MeWilson against J. Turner Rhodes for a false imprisonment. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Acts 1911, p. 45. The complaint is in four counts, two of which charge unlawful arrest and imprisonment, and two charging the same wrong with malice and without probable cause. Ten special pleas in justification were filed, to each of which a demurrer was interposed and sustained, and the case was tried on the general issue only. In a certain block…
1Opinion of the Court
SOMERVILLE, J.(1) The cause being tried under plea of the general issue only, and the action being in trespass, there could be no justification of the arrest complained of; and the only proper inquiries Avere as to defendant’s responsibility for the arrest, and, if re sponsible, the amount of damages to be assessed.— Womack v. Bird, 51 Ala. 504; Lunsford v. Walker, 93 Ala. 36, 8 South. 386; 19 Cyc. 360.(2) The undisputed eAddence sIioavs that plaintiff entered and took possession of the house in question at a time AAThen neither defendant nor any of his tenants Avas in its actual possession.…
2Cases cited7 opinions
- Wright v. StateSupreme Court of Alabama · 1902
- Ex parte Birmingham Realty Co.Supreme Court of Alabama · 1913
- Jones v. StateSupreme Court of Alabama · 1893
- Gambill v. SchmuckSupreme Court of Alabama · 1901
- Lunsford v. WalkerSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Roan v. SmithSupreme Court of Alabama · 1961
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Roan v. McCalebSupreme Court of Alabama · 1955
- Howton v. MathiasSupreme Court of Alabama · 1916
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
8 more not listed; retrieve them via the Exa API.