McLeod v. McLeod
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Tried before Hon. Joi-iN P. Hubbard. As originally brought, this was an action by Margaret, Mack and Alexander McLeod against Hugh McLeod, to recover damages for an alleged malicious prosecution of the plaintiffs by the defendant for the offense of trespass after warning. The cause was before this court at a former term, when it was remanded on a reversal of the judgment of the circuit court.
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Appeal from Crenshaw Circuit Court. Tried before Hon. Joi-iN P. Hubbard. As originally brought, this was an action by Margaret, Mack and Alexander McLeod against Hugh McLeod, to recover damages for an alleged malicious prosecution of the plaintiffs by the defendant for the offense of trespass after warning. The cause was before this court at a former term, when it was remanded on a reversal of the judgment of the circuit court. See McLeod v. McLeod, 73 Ala- 42. After remandment, the complaint was amended by striking out the names of Mack and Alexander McLeod as parties plaintiff, and the suit…
1Opinion of the CourtStone, J.
Judges of the county court have authority to employ clerks, “ who may do all acts not judicial in their character.” — Code of 1876, § 721. The mere issuance of an ■alias warrant of arrest is not a judicial act, and may be done by a clerk of the county court.—Seawright v. Halso, 65 Ala. 431.
The original warrant, pursuing the affidavit, commanded the arrest of Margaret McLeod, for an alleged trespass after warning on the lands of Leony McLeod. The alias charged the trespass as committed on the lands of Leroy McLeod. This was a mere clerical error, which could be corrected, alike by the…
2Cases cited3 opinions
- Ewing v. SanfordSupreme Court of Alabama · 1851
- Halso v. SeawrightSupreme Court of Alabama · 1880
- Motes v. BatesSupreme Court of Alabama · 1883
3Cited by23 opinions
- Ex Parte Tuscaloosa CountySupreme Court of Alabama · 2001
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- Sanders v. DavisSupreme Court of Alabama · 1907
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