Miller v. McGuire
Supreme Court of Alabama
Appeal from Circuit Court, Baldwin County; A. E. Gamble, Judge. Action by Minnie S. McGuire, a grown woman, against B. G. Miller, in trespass In statutory form for an assault and battery committed upon , plaintiff by defendant. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. Tlie pleas were tbe general issue, molliter manus imposuit in protection of defendant’s premises from tbe trespass o£ plaintiff.
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Appeal from Circuit Court, Baldwin County; A. E. Gamble, Judge. Action by Minnie S. McGuire, a grown woman, against B. G. Miller, in trespass In statutory form for an assault and battery committed upon , plaintiff by defendant. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. Tlie pleas were tbe general issue, molliter manus imposuit in protection of defendant’s premises from tbe trespass o£ plaintiff. Defendant was tbe proprietor of a dance ball to which be invited and admitted men and -women generally who were of good…
1Opinion of the CourtSomerville, J.
“In order to justify the use of force in ejecting a trespasser from defendant’s premises, where he entered peaceably, it should be shown that defendant first requested tbe trespasser to depart and that be refused after being allowed a reasonable time to do so; but where tbe trespasser uses actual force in effecting an entrance, then no request is necessary before forcibly ejecting him.” 5 Corp. Jur. 634, § 29. This text is fully supported by tbe cases. Hannabalson v. Sessions (Iowa) 93 Am. St. Rep. 250, note, 256. In our own case of Motes v. Bates, 74 Ala. 374, 378, this qualification of’ the…
2Cases cited4 opinions
- Irby v. WildeSupreme Court of Alabama · 1907
- Motes v. BatesSupreme Court of Alabama · 1883
- Sloss-Sheffield Steel & Iron Co. v. DickinsonSupreme Court of Alabama · 1910
- Powell v. SchimpfSupreme Court of Alabama · 1907
3Cited by2 opinions
- Brookside-Pratt Mining Co. v. BoothSupreme Court of Alabama · 1924
- Sherrill v. NaylorAlabama Court of Appeals · 1939