Duckworth v. Johnston
Supreme Court of Alabama
Writ of error to the Circuit Court of Shelby. This was an action of trespass vi et armis, at the suit of the defendant in error, against the plaintiff. The declaration charges, that the defendant, with force and arms, wrongfully and maliciously assaulted and seized the plaintiff, and detained him in custody, without any reasonable or probable cause, for the space of fifteen hours.
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Writ of error to the Circuit Court of Shelby. This was an action of trespass vi et armis, at the suit of the defendant in error, against the plaintiff. The declaration charges, that the defendant, with force and arms, wrongfully and maliciously assaulted and seized the plaintiff, and detained him in custody, without any reasonable or probable cause, for the space of fifteen hours. The cause was tried on the plea of not guilty; and on the trial the defendant excepted to the ruling of the Court. From the bill of exceptions, it appears that the plaintiff was arrested at his own house, by a…
1Opinion of the CourtCollier, C. J.
— The terms of the warrant under which the defendant caused the plaintiff to be arrested, are indeed unusual, and we are at a loss to conjecture the authority for issuing it, or the object proposed to be effected by it. By the first section of the act of 1841, “ to extend the jurisdiction of justices of the peace in certain cases,” (Clay’s Dig. 358,) it is enacted that “any one justice of the peace shall have jurisdiction in all cases of damages, whether the same arose from matter of contract, or any kind of tort, or wrong done, whatever, (except actions of slander,) where the damages claimed…
2Cases cited6 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Elder v. MorrisonNew York Supreme Court · 1833
- Beaty v. PerkinsNew York Supreme Court · 1831
- Reynolds v. OrvisNew York Supreme Court · 1827
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3Cited by18 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Brown v. StateSupreme Court of Alabama · 1895
- Broom v. DouglassSupreme Court of Alabama · 1912
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Craig v. BurnettSupreme Court of Alabama · 1858
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