Early v. Fitzpatrick
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by O. S. Early against M. C. Fitzpatrick and others, for damages for imprisonment growing out of a punishment for contempt proceedings. Judgment for defendant and plaintiff appeals.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by O. S. Early against M. C. Fitzpatrick and others, for damages for imprisonment growing out of a punishment for contempt proceedings. Judgment for defendant and plaintiff appeals. The complaint charges an abuse of the defendant’s authority of office, a pretended, .not a real exercise of his jurisdiction, and for which he is liable. — Kelly v.: Moore, 51 Ala. 3G4; McElhaney v. Gilliland, 30 Ala. 186; Mason v. Crabtree, 17 Ala. 479. On these authorities, and that of Grosswaithe v. Pitts, et al., 139 Ala. 421, the court…
1Opinion of the CourtSimpson, J.
This action was brought by the appellant against the appellee, M. H. Fitzpatrick, a justice of the peace, and the sureties on his bond, claiming damages resulting from a fine for contempt of court imposed upon-the plaintiff by said justice of the peace and the imprisonment consequent on plaintiff’s failure to pay the same. The various counts of the complaint were demurred to, and the demurrers were sustained, and judgment was rendered against the plaintiff for costs.
The allegations of the complaint show that the justice of the peace was acting judicially in fining and impris-' oning the…
2Cases cited4 opinions
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Scott v. RyanSupreme Court of Alabama · 1896
- Crosthwait v. PittsSupreme Court of Alabama · 1903
- Burgin v. SullivanSupreme Court of Alabama · 1907
3Cited by8 opinions
- Waugh v. DibbensSupreme Court of Oklahoma · 1916
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Duffin v. SummervilleAlabama Court of Appeals · 1913
- McGlasker v. CaltonDistrict Court, M.D. Alabama · 1975
- Moser v. SummersCourt of Appeals of Kentucky · 1916
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