Lacey v. Hendricks
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. . Action for malicious prosecution and false imprisonment by William Hendricks against C. M. Lacey and another. Plaintiff had judgment, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. . Action for malicious prosecution and false imprisonment by William Hendricks against C. M. Lacey and another. Plaintiff had judgment, and defendant appeals. The complaint was as follows (omitting the first four counts) : (5) “Plaintiff claims of the defendant $1)000 damages, for that C. M. Lacey, while a justice of the peace in and for precinct 9, in Jefferson county, Alabama, did under cover of his said office unlawfully cause plaintiff to be arrested and imprisoned, against the Will of plaintiff, for two days, to wit,…
1Opinion of the CourtEyans, J.
It is settled law in this jurisdiction that no action can be supported against a justice of the peace, acting judicially, and who has not exceeded his jurisdiction, however erroneous his decision or malicious his motive. — Irion v. Lewis, 56 Ala. 190, 197; Heard v. Harris, 68 Ala. 43; Coleman v. Roberts, 113 Ala. 323, 331, 21 South. 449, 36 L. R. A. 84, 59 Am. St. Rep. 111; Crosthwait v. Pitts, 139 Ala. 421, 424, 36 South. 83. It cannot be determined, upon the averments of counts 5, 6, 7, 8, 9, and 10, that the justice was not acting judicially, and that the act complained of was not within…
2Cases cited5 opinions
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Irion v. LewisSupreme Court of Alabama · 1876
- Ex parte State, in re NewtonSupreme Court of Alabama · 1891
- Heard v. HarrisSupreme Court of Alabama · 1880
- Crosthwait v. PittsSupreme Court of Alabama · 1903
3Cited by13 opinions
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Broom v. DouglassSupreme Court of Alabama · 1912
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Waugh v. DibbensSupreme Court of Oklahoma · 1916
- Pickett v. RichardsonSupreme Court of Alabama · 1931
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