Wilson v. Orr
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action for damages for assault and battery and unlawful arrest, etc., by A. N. Orr against W. C. Wilson and the -National Surety Company. Erom a judgment for plaintiff, defendants appeal. When there is no arrest, there can be no recovery for false imprisonment. Dougherty v. State, 106 Ala. 05, 17 South. 393; 20 L. R. A. (N. S.) 96S, note.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action for damages for assault and battery and unlawful arrest, etc., by A. N. Orr against W. C. Wilson and the -National Surety Company. Erom a judgment for plaintiff, defendants appeal. When there is no arrest, there can be no recovery for false imprisonment. Dougherty v. State, 106 Ala. 05, 17 South. 393; 20 L. R. A. (N. S.) 96S, note. Where a count for assault and battery alleges that the act was done maliciously, and there is no evidence of malice, the defendant is entitled to the affirmative charge. Rich v. Mclnerny, 103…
1Opinion of the CourtMiller, J.
A. N. Orr, appellee, brings this suit against W. C. Wilson and the National Surety Company of New York, a corporation, claiming damages of Wilson as a state deputy law enforcement officer and of the National Surety Company as the surety on his official bond.
The first count of the complaint alleges an assault and battery committed on plaintiff, appellee, by the defendant Wilson under-color of office. The second count alleges that Wilson “maliciously and without probable cause therefor arrested the plaintiff, Orr, on a charge of having prohibited liquors in his possession." The case was tried…
2Cases cited21 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Rich v. McInernySupreme Court of Alabama · 1893
- Parisian Co. v. WilliamsSupreme Court of Alabama · 1919
- Jacobi v. StateSupreme Court of Alabama · 1901
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
16 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Fisher v. Carrousel Motor Hotel, Inc.Texas Supreme Court · 1967
- Surrency v. HarbisonSupreme Court of Alabama · 1986
- Jinright v. StateSupreme Court of Alabama · 1929
- Singer Sewing MacH. Co. v. HayesAlabama Court of Appeals · 1927
- Phillips v. MorrowSupreme Court of Alabama · 1924
13 more not listed; retrieve them via the Exa API.