Legal Opinion

Gunter v. Dale County

Supreme Court of Alabama

Decided June 15, 1870PublishedCited by 12 opinions

Appeal from Circuit Court of Dale. Tried before Hob, J. MoOaleb Wiley. The facts are fully set out in the opinion. The language of the section is, “whenever in any county of this State, any person shall be assassinated or murdered by any outlaw, or person, or persons in disguise, or mob, &c., * * * the widow or husband of such person, so murdered or assassinated, &c., * * # shall be entitled to recover of the county, in which such murder or assassination occurred, the sum of…

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Appeal from Circuit Court of Dale. Tried before Hob, J. MoOaleb Wiley. The facts are fully set out in the opinion. The language of the section is, “whenever in any county of this State, any person shall be assassinated or murdered by any outlaw, or person, or persons in disguise, or mob, &c., * * * the widow or husband of such person, so murdered or assassinated, &c., * * # shall be entitled to recover of the county, in which such murder or assassination occurred, the sum of five thousand dollars, &c., * * * for such murder or assassination, &c.” * * * If the construction of the court below…

1Opinion of the CourtPeters, J.

This is an action founded upon a statute of the general assembly of this State, entitled “ An act to suppress murder, lynching, and assaults and batteries,” approved December 28th, 1868.

The first section of this act is in the following words : “ That whenever in any county of this State, any person shall be assassinated or murdered by any outlaw, or person or persons in disguise, or mob, or for past or present party affiliation or political opinion, the widow or husband of such person so murdered or assassinated, the next of kin of such person, shall be entitled to recover of the county in…

2Cases cited3 opinions

  1. Borman v. StateSupreme Court of Alabama · 1859
  2. Oliver v. StateSupreme Court of Alabama · 1850
  3. Letondal v. HugueninSupreme Court of Alabama · 1855

3Cited by12 opinions

  1. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
  2. Lynch v. MurphySupreme Court of Missouri · 1893
  3. Airy v. PeopleSupreme Court of Colorado · 1895
  4. Lockhart v. City of TroySupreme Court of Alabama · 1872
  5. State v. AckermanSupreme Court of Louisiana · 1899

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