DeKalb County v. Smith
Supreme Court of Alabama
Appeal from. Circuit Court of DeKalb. Tried before Hon. W. J. Haralson. This was an action commenced on the 6th of December 1869, by appellee against the county of DeKalb, under the provisions of section 6 of “an act to suppress murder, lynching, and assaults and batteries,” approved December 28, 1868, to recover $1,000 damages for the beating and wounding of the plaintiff, on the 22d of May, 1869, by one or more persons, unknown and in disguise, to force plaintiff to…
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Appeal from. Circuit Court of DeKalb. Tried before Hon. W. J. Haralson. This was an action commenced on the 6th of December 1869, by appellee against the county of DeKalb, under the provisions of section 6 of “an act to suppress murder, lynching, and assaults and batteries,” approved December 28, 1868, to recover $1,000 damages for the beating and wounding of the plaintiff, on the 22d of May, 1869, by one or more persons, unknown and in disguise, to force plaintiff to consent to leave the neighborhood, &c., &c. The defendant demurred — 1st, because the complaint does not aver that the claim…
1Opinion of the CourtB. F. Saffold, J.
The act “to suppress murder, lynching, and assaults and batteries,” approved December 28, 1868, is not unconstitutional.—Gunter v. Dale County, 44 Ala. 639.
The penalties given by it against a county are not such claims as are required to be presented to the court of county commissioners before suit is brought. — Dale County v. Gunter, 46 Ala. 118.
*412The demurrer of the plaintiff to the defendant's pleasS Was properly sustained. 3?he fourth, fifth and sixth pleas amounted to the general issue. The second and third presented the same issues contained in the demurrer to the complaint, and…
2Cases cited3 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Dale County v. GunterSupreme Court of Alabama · 1871
- Gunter v. Dale CountySupreme Court of Alabama · 1870
3Cited by6 opinions
- State v. OgdenOregon Supreme Court · 1901
- Holland v. BarnesSupreme Court of Alabama · 1875
- Wilson v. StateAlabama Court of Appeals · 1924
- Johnson v. StateSupreme Court of Alabama · 1919
- McInerny v. IrvinSupreme Court of Alabama · 1890
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