Leib v. Shelby Iron Co.
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Tried before Hon. Leroy E. Box. This was an action for false imprisonmentinstituted by Morris Leib against the Shelby Iron Company, and L. T. Grant, and the original complaint contained only' one count which was in the form prescribed by the Code No. 19, page 794. An amendment, adding a count for malicious prosecution, after being allowed, was stricken out on motion of the plaintiff.
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Appeal from Shelby Circuit Court. Tried before Hon. Leroy E. Box. This was an action for false imprisonmentinstituted by Morris Leib against the Shelby Iron Company, and L. T. Grant, and the original complaint contained only' one count which was in the form prescribed by the Code No. 19, page 794. An amendment, adding a count for malicious prosecution, after being allowed, was stricken out on motion of the plaintiff. The defendants plead not guilty, and justification, setting out the process under which the arrest was made, and the original process was introduced in evidence on the trial. The…
1Opinion of the CourtMcCLELLAN, J.
— The original complaint contained only a count for false imprisonment. A count for malicious prosecution was added by amendment, but it appears from the j tidgment entry that the plaintiff by leave of the court again amended the complaint, “by striking therefrom the count for malicious prosecution.” So that the case was tried solely on the count for false imprisonment.
The evidence was free from conflict to the effect that the plaintiff was arrested and constructively imprisoned by a lawful officer, in obedience to the mandate of a warrant which was regular on its face, and which had been…
2Cases cited1 opinion
- Rhodes v. KingSupreme Court of Alabama · 1875
3Cited by6 opinions
- Kittler v. KelschNorth Dakota Supreme Court · 1927
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
- Emerson v. Lowe Mfg. Co.Supreme Court of Alabama · 1909
- Atwood v. AtwaterNebraska Supreme Court · 1895
- King v. RobertsonSupreme Court of Alabama · 1933
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