Gambill v. Fuqua
Supreme Court of Alabama
ilialw~ons PrO$C,(:ut'tOfl~ (t1~ (1 False I)flJ)1~SOTh)fleflt. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by John Fuqua against A. A. Gambill. Judgment for plaintiff, and defendant appeals. This was an action for malicious prosecution and false imprisonment. The first count was in Code form.
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ilialw~ons PrO$C,(:ut'tOfl~ (t1~ (1 False I)flJ)1~SOTh)fleflt. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by John Fuqua against A. A. Gambill. Judgment for plaintiff, and defendant appeals. This was an action for malicious prosecution and false imprisonment. The first count was in Code form. The third count was as follows: “The plaintiff claims of the defendant the sum of $2,500.00 as damages for maliciously and without probable cause therefor causing the plaintiff to be arrested and imprisoned on a charge of doing business without a license in the city of…
1Opinion of the CourtAnderson, J.
— The plaintiff recovered damages of the defendant for his arrest and imprisonment Avith-out a warrant, made by one Boggan, a deputy of the defendant, Avbo Avas license inspector of the city of Birmingham.
Counts 2, 4, and 6 Avere charged out at the request of the defendant, and AA^e need not consider any assignments of error relating to said counts, unless they relate to the questions referable- to the other counts.
Pleas 3 and 4 denied the arrest under the authority of the defendant, and also sought to- justify same. If intended as a denial, the defendant got the benefit- of them under the…
2Cases cited9 opinions
- Mali v. . LordNew York Court of Appeals · 1868
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Shattuck v. BillMassachusetts Supreme Judicial Court · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Johnson v. Shenandoah Life Insurance CompanySupreme Court of Alabama · 1973
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
- Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
- Alexander v. Ala. Wes. R. R.Supreme Court of Alabama · 1912
- McCarty v. WilliamsSupreme Court of Alabama · 1924
10 more not listed; retrieve them via the Exa API.