Crosby v. Hawthorn
Supreme Court of Alabama
Appeal from tbe Circuit Court of Conecuh. Tried before the Hon. Andrew B. Moore. Trespass yi et armis by Dennis Crosby, an infant suing by his nest friend, against James A. Hawthorn, to recover damages for an assault and battery and illegal imprisonment.
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Appeal from tbe Circuit Court of Conecuh. Tried before the Hon. Andrew B. Moore. Trespass yi et armis by Dennis Crosby, an infant suing by his nest friend, against James A. Hawthorn, to recover damages for an assault and battery and illegal imprisonment. The defendant pleaded not guilty, and also justified under a warrant issued by a justice of the peace for the plaintiff’s arrest; this warrant was issued on the affidavit of the said Hawthorn, charging “ that he had good reason to believe, and did believe, that one Dennis Crosby was about to persuade, and was trying to persuade, two of his…
1Opinion of the Court
CHILTON, C. J. —
The appellant sued the defendant, Hawthorn, for an assault and battery, and false imprisonment. The defendant pleaded the general issue, and two special pleas, which are substantially the same, and in which he avers that the injury complained of consists in the arrest of the plaintiff under and by virtue of a warrant issued by a justice of the peace, on the affidavit of the defendant, that he had just reason to believe, and did believe, that the said plaintiff “was about to persuade, and trying to persuade, two of his (defendant’s) hired negroes to leave the said Hawthorn’s…
2Cases cited7 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- United States v. MorrisSupreme Court of the United States · 1840
- People v. HennesseyNew York Supreme Court · 1836
- Ewing v. SanfordSupreme Court of Alabama · 1851
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3Cited by16 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Department of Industrial Relations v. DrummondAlabama Court of Appeals · 1941
- Brown v. StateSupreme Court of Alabama · 1879
- Smith v. StateSupreme Court of Alabama · 1882
- Preist v. StateAlabama Court of Appeals · 1912
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