Emerson v. Lowe Mfg. Co.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. L>. W. Speake. Action by J. A. Emerson against tbe Lowe Manufacturing Company. From a judgment for defendant, plaintiff appeals. Tbe controverted facts sufficiently appear in tbe opinion of tbe court.
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Appeal from Madison Circuit Court. Heard before Hon. L>. W. Speake. Action by J. A. Emerson against tbe Lowe Manufacturing Company. From a judgment for defendant, plaintiff appeals. Tbe controverted facts sufficiently appear in tbe opinion of tbe court. At tbe réquest of tbe defendant, tbe court gave tbe following charges: (5) “Tbe plaintiff must show to tbe satisfaction of tbe jury that tbe affidavit of Finney, upon wbicb tbe warrant was issued for the arrest of tbe plaintiff, was made with authority of this defendant, or that tbe defendant thereafter ratified tbe action of Finney.” (7) “If…
1Opinion of the CourtMcCLELLAN, J.
Action for damages for false imprisonment and for malicious prosecution by appellant against appellee. The general affirmative charge for the defendant might well have been given upon the counts for false imprisonment. The undisputed evidence shows that the warrant, under the command of which plaintiff was arrested by an officer, Avas valid on its face, Avas issued by a justice of the peace having jurisdiction of the case and of the offense imputed, and upon a complaint (the original) sufficiently disignating the offense created by Code 1896, § 4757 (Code 1907, § 7342), as such designation is…
2Cases cited2 opinions
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Leib v. Shelby Iron Co.Supreme Court of Alabama · 1892
3Cited by14 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- McGuff v. StateSupreme Court of Alabama · 1946
- Liberty Loan Corp. of Gadsden v. MizellSupreme Court of Alabama · 1982
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1911
- Glidden Co. v. LaneySupreme Court of Alabama · 1937
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