Mitchell v. Gambill
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson County. Tried before the Hon. A. A. Coleman. Tbis action was brought by the appellant, James A. Mitchell, against the appellee, A. A. Gambill, to recover damages for false imprisonment and malicious prosecution. The complaint as amended contained five counts.
Read the full summary
Appeal from the Circuit Court of Jefferson County. Tried before the Hon. A. A. Coleman. Tbis action was brought by the appellant, James A. Mitchell, against the appellee, A. A. Gambill, to recover damages for false imprisonment and malicious prosecution. The complaint as amended contained five counts. The first and second counts were in words and figures as follows: “1. The plaintiff claims of the defendant the sum of one thousand dollars damages for maliciously, and without probable cause therefor, arresting and imprisoning the plaintiff, on the 8th day of September, 1899, on a charge of…
1Opinion of the CourtHaralson, J.
The first count in the complaint is for false imprisonment, and not for malicious prosecution, as defendant’s counsel by demurrer seems to as*553sume. It follows tbe form of an action for false imprisonment in tbe Code, except that it does not state tbe duration of tbe imprisonment. — Code, p. 946, form 19. It was not demurred to on this account if that were a fault. Tbe demurrer should have been overruled. Ragsdale v. Bowles, 16 Ala. 64.
There were other counts, numbered 2, 3, 4, and 5. Demurrers to tbe first three of these, were overruled and issue was joined on them. There was no demurrer to…
2Cited by8 opinions
- Sanders v. DavisSupreme Court of Alabama · 1907
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
- Adair v. WilliamsArizona Supreme Court · 1922
- Christ v. SpizmanAlabama Court of Appeals · 1948
- Deason v. GraySupreme Court of Alabama · 1914
3 more not listed; retrieve them via the Exa API.