Hayes v. Mitchell
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. "War. L. "Whitlock. This was an action for damages for false imprisonment, brought by "Wiley F. Mitchell against J. M. ITayes, and was commenced on 22d September, 1874. The defendant pleaded, in short by consent, (1) not guilty, and (2) “ that the defendant was marshal of Oxford at the time of the grievance complained of by plaintiff, and arrested plaintiff, because he was about to commit a breach of the peace in the…
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Appeal from Calhoun Circuit Court. Tried before Hon. "War. L. "Whitlock. This was an action for damages for false imprisonment, brought by "Wiley F. Mitchell against J. M. ITayes, and was commenced on 22d September, 1874. The defendant pleaded, in short by consent, (1) not guilty, and (2) “ that the defendant was marshal of Oxford at the time of the grievance complained of by plaintiff, and arrested plaintiff, because he was about to commit a breach of the peace in the presence of the defendant at the time of the arrest, and defendant justifies, as such marshal, in making the arrest and…
1Opinion of the CourtStone, J.
Ever since the code of 1852 was adopted, arrests have been authorized to be made by “ the sheriff, or any officer acting as sheriff, or their deputies, constable, or marshal, *454or policeman of any city or town-, acting within their county.”" Code of 1852, § 3420; Code of 1867, § 3983; Code of 1876, § 4653. Such “officer may arrest my person without warrant, on any day, or at any .time, for any public offense committed, or a breach of the peace threatened in his presence,” etc. — Code of 1852, § 3425; Code of 1867, § 3994; Code of 1876, § 4664. The town of Oxford in Calhoun county was…
2Cases cited3 opinions
- Boaz v. TateIndiana Supreme Court · 1873
- Johnson v. Mayor of AmericusSupreme Court of Georgia · 1872
- Scircle v. NeevesIndiana Supreme Court · 1874
3Cited by19 opinions
- Hughes v. StateTennessee Supreme Court · 1921
- Martin v. StateSupreme Court of Alabama · 1889
- State ex rel. Thompson v. ReichmanTennessee Supreme Court · 1916
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Gibson v. StateSupreme Court of Alabama · 1915
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