Morris v. McClellan
Supreme Court of Alabama
Assault and Battery. Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Action by Wm. H. McClellan against John Morris, Sr., for assault and battery. Judgment for plaintiff, and defendant appeals. A former report of this case may be found in 154 Ala. 6B9, 45 South. 641, where the original pleading is set out in extenso.
Read the full summary
Assault and Battery. Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speake. Action by Wm. H. McClellan against John Morris, Sr., for assault and battery. Judgment for plaintiff, and defendant appeals. A former report of this case may be found in 154 Ala. 6B9, 45 South. 641, where the original pleading is set out in extenso. Plea ic is as follows: “Defendant, as an answer to the complaint as amended, and to each count thereof separately and severally, says that, at the time he shot the said plaintiff, the said-plaintiff, with a pistol in his hand, was inflicting or preparing to…
1Opinion of the CourtAnderson, J.
This case has been here on former appeal and is reported in' 154 Ala. 639, 45 South. 641. It was there held, and we think properly so and which was in line with former decisions of this court, that in civil, as in criminal, cases all elements of self-defense must exist in order to excuse or justify the assault, and we may add that, in order for,the defendant to defeat the plaintiff’s right to recover, it must appear that he was free from fault (that his son Walter whose place he took was free from fault) in provoking or bringing on the difficulty. Plea 4c does not set up freedom from fault in…
2Cases cited7 opinions
- Smith v. StateSupreme Court of Alabama · 1876
- Wilkins v. StateSupreme Court of Alabama · 1893
- Morris v. McClellanSupreme Court of Alabama · 1908
- Carr v. StateSupreme Court of Alabama · 1893
- Steed v. KnowlesSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Mount Vernon-Woodberry Mills v. LittleSupreme Court of Alabama · 1931
- Brown v. PattersonSupreme Court of Alabama · 1926
- Chrysler Credit Corp. v. McKinneySupreme Court of Alabama · 1984
- Parke v. DennardSupreme Court of Alabama · 1928
20 more not listed; retrieve them via the Exa API.