Legal Opinion

Evans v. Walker

Supreme Court of Alabama

Decided February 16, 1939No. 7 Div. 555PublishedCited by 5 opinions

1Opinion of the Court

ANDERSON, Chief Justice.

This is a civil action for an assault and battery and the only plea interposed by the defendant was the general issue and which does not ordina-rily include justifica tion or self defense which should be specially pleaded. Morris v. McClellan, 169 Ala. 90, 53 So. 155; Hart et al. v. Jones, 14 Ala.App. 327, 70 So. 206.

It seems, however, that although there was no special plea of justification or self defense, these issues were fully gone into by the unchallenged evidence and covered by the charges, and, this being the case, this court will review the rulings relating…

2Cases cited6 opinions

  1. Morris v. McClellanSupreme Court of Alabama · 1910
  2. Nashville, Chattanooga & St. Louis Railway Co. v. HammondSupreme Court of Alabama · 1893
  3. Hart v. JonesAlabama Court of Appeals · 1915
  4. Gissendanner v. TemplesSupreme Court of Alabama · 1936
  5. Patterson v. StateSupreme Court of Alabama · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Jones v. DanielAlabama Court of Appeals · 1949
  2. Chandler v. GoodsonSupreme Court of Alabama · 1950
  3. City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
  4. City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
  5. Kelvin Demetris Peacock v. Matthew R. Stone, et al.District Court, M.D. Alabama · 2026

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