Nicholson v. Killpatrick
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hou. W. W. Haralson. • Action by Dave Nicholson against J. W. Killpatrick for malicious prosecution and false imprisonment. Judgment for defendant, and plaintiff appeals. The first count claims damages for maliciously arresting and imprisoning plaintiff for two days. Count 2 claims for causing same to be done. Count 4 claims for assault and battery.
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Appeal from Marshall Circuit Court. Heard before Hou. W. W. Haralson. • Action by Dave Nicholson against J. W. Killpatrick for malicious prosecution and false imprisonment. Judgment for defendant, and plaintiff appeals. The first count claims damages for maliciously arresting and imprisoning plaintiff for two days. Count 2 claims for causing same to be done. Count 4 claims for assault and battery. Plea 5 is as follows: Plaintiff at the time of his arrest and imprisonment was charged with the commission of a felony in DeKalb county, Ala., and defendant and one John A. Miller had theretofore…
1Opinion of the CourtAnderson, C. J.
It may be that the bail of a defendant bad the right to arrest him without process of axxy description under the common law; yet it is settled in this state that the only authority he has to arrest the defendant is under a cex’tified copy of the bond as prescribed by section 6351 of the Code of 1907. This court in construing said statute held that the right there given was exclusive, and not cumulative (Gray v. Strickland, 163 Ala. 344, 50 South. 152), and we are not inclined to depart from said holding.. Special plea 5 was, therefore, subject to an apt ground of demurrer. We caxxnot,…
2Cases cited1 opinion
- Gray v. StricklandSupreme Court of Alabama · 1909
3Cited by5 opinions
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