Canter v. Harris
Alabama Court of Appeals
Appeal from City Court of Birmingham; W. W. Ferguson, Judge. Action by Ida Belle Canter against F. O. Harris for damages for unlawfully issuing a warrant against plaintiff. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from City Court of Birmingham; W. W. Ferguson, Judge. Action by Ida Belle Canter against F. O. Harris for damages for unlawfully issuing a warrant against plaintiff. Judgment for defendant, and plaintiff appeals. The complaint alleges that the defendant was judge of the inferior court of Ensley, Jefferson county, Ala., a court created in lieu of justices of the peace in and for the precinct included within the jurisdiction of said court, and that, while acting under color of his office as judge of said court, the defendant unlawfully issued a warrant-of arrest against the plaintiff on…
1Opinion
On Behearing.
Code 1907, § .6703, applicable to county courts and justices of the peace and courts of like jurisdiction, provides that:
“A party aggrieved, or desiring to bring a charge of misdemeanor before the county court, may apply to the judge thereof, or to some justice of the peace of the county, for a warrant of arrest, and, upon making an affidavit in writing that he has probable cause for believing, an does believe, that an offense (designating the misdemeanor by name, or by some other phrase which in common parlance designates it), has been committed in said county by O. D. (naming…
2Cases cited4 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Craig v. BurnettSupreme Court of Alabama · 1858
- Blancett v. WimberleyAlabama Court of Appeals · 1918
- Withers v. CoylesSupreme Court of Alabama · 1860