Broom v. Douglass
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by Henry Broom against W. H. Douglass, a justice of tbe peace, and others, for trespass to the person by false imprisonment. Judgment for defendants, and plaintiff; appeals. As to what is jurisdiction see Lamar v. Gunter, 39 Ala. 338; Drake v. State, 68 Ala. 512; Woodruff v. Stewart, 63 Ala. 211; Wilson v. State, 117 Ala. 160; 1 Smith’s Leading Cases, 1107; Two Rivers Mfg. Go. v. Byers, 17 Am.
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Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaks. Action by Henry Broom against W. H. Douglass, a justice of tbe peace, and others, for trespass to the person by false imprisonment. Judgment for defendants, and plaintiff; appeals. As to what is jurisdiction see Lamar v. Gunter, 39 Ala. 338; Drake v. State, 68 Ala. 512; Woodruff v. Stewart, 63 Ala. 211; Wilson v. State, 117 Ala. 160; 1 Smith’s Leading Cases, 1107; Two Rivers Mfg. Go. v. Byers, 17 Am. St. Rep. 113 and note. The affidavit ivas void and charged no offense. — Vaughan v. Gongdon, 18 Am. Rep. 758; Wright v. Hasson,…
1Opinion of the CourtSomerville, J.
Appellant sued appellee in trespass for a false imprisonment, done under color of appellee’s official authority as a justice of the peace.
Defendant’s plea No. 2 set up an alleged justification, and showed that one Johnson appeared before him (defendant) while he was acting as a justice of the peace, and made affidavit “that Henry Broom [the plaintiff here] has threatened to trespass upon and occupy a certain parcel of land situated in this county, and known as the Dick Mitchell or Dick Bouldin place, of which affiant has the past two or three years been in possession under claim of…
2Cases cited29 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Lange v. . BenedictNew York Court of Appeals · 1878
- Grumon v. RaymondSupreme Court of Connecticut · 1814
- Calhoun v. LittleSupreme Court of Georgia · 1898
- Coleman v. RobertsSupreme Court of Alabama · 1896
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3Cited by70 opinions
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- Hoppe v. KlapperichSupreme Court of Minnesota · 1947
- Carter v. MitchellSupreme Court of Alabama · 1932
- ST. v. Falls Chase Spec. Taxing Dist.District Court of Appeal of Florida · 1983
- Shaw v. MoonOregon Supreme Court · 1926
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