Broom v. Douglass
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by Henry Broom against W. H. Douglass, a justice of tbe peace, and others, for trespass to the person by false imprisonment. Judgment for defendants, and plaintiff; appeals. As to what is jurisdiction see Lamar v. Gunter, 39 Ala. 338; Drake v. State, 68 Ala. 512; Woodruff v. Stewart, 63 Ala. 211; Wilson v. State, 117 Ala. 160; 1 Smith’s Leading Cases, 1107; Two Rivers Mfg. Go. v. Byers, 17 Am.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by Henry Broom against W. H. Douglass, a justice of tbe peace, and others, for trespass to the person by false imprisonment. Judgment for defendants, and plaintiff; appeals. As to what is jurisdiction see Lamar v. Gunter, 39 Ala. 338; Drake v. State, 68 Ala. 512; Woodruff v. Stewart, 63 Ala. 211; Wilson v. State, 117 Ala. 160; 1 Smith’s Leading Cases, 1107; Two Rivers Mfg. Go. v. Byers, 17 Am. St. Rep. 113 and note. The affidavit ivas void and charged no offense. — Vaughan v. Gongdon, 18 Am. Rep. 758; Wright v. Hasson,…
1Dissent
MAYFIELD, J.—
(dissenting.) — On rehearing, the majority decline to change the decision, but do change the opinion. To this changed opinion, I propose to reply-
This opinion, by my Brother Somerville, will' be a splendid one when a case arises to which it can apply. It is not applicable to the case at bar, but is applicable to cases like those of Grove v. Van Duyn, 44 N. J. Law, 654, 43 Am. Rep. 412, and Bradley v. Fisher, 13 Wall. 335, 20 L. Ed. 646. I fully concur with Brother Somerville that these are leading American cases, and among the best considered, by the ablest judges, as to the…
2Cases cited28 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Weaver v. DevendorfNew York Supreme Court · 1846
- Noles v. StateSupreme Court of Alabama · 1854
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