Coleman v. Roberts
Supreme Court of Alabama
Action on Official Bond of Justice of the Peace. Appeal from the City Court of Birmingham. This action was brought by the appellee, Rankin Roberts, against the appellants, James B. Coleman and the sureties on his official bond, to recover damages, as alleged in the complaint, for that the defendant, James B. Coleman while holding and discharging the duties of the office of notary public and ex-officio justice of the peace in Jefferson county “maliciously and without any…
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Action on Official Bond of Justice of the Peace. Appeal from the City Court of Birmingham. This action was brought by the appellee, Rankin Roberts, against the appellants, James B. Coleman and the sureties on his official bond, to recover damages, as alleged in the complaint, for that the defendant, James B. Coleman while holding and discharging the duties of the office of notary public and ex-officio justice of the peace in Jefferson county “maliciously and without any probable cause therefor, and under color of his office, * * * caused the plaintiff to be arrested and imprisoned in the…
1Opinion of the CourtBrickell, C. J.
The assignments of error are numerous, but there is a single question of materiality and importance to the rights of the parties, involved; and that question depends upon facts which may be acccepted in the phase in which the testimony of either party presents them. The defendant was a notary public *328of the appointment of the Governor, having and exercising the same jurisdiction as a justice of the peace, within the ward or precinct for which he was appointed. While holding court, at a proper time and place, one Whit Hicks was brought before him charged with having committed an assault and…
2Cases cited8 opinions
- Easton v. StateSupreme Court of Alabama · 1865
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Irion v. LewisSupreme Court of Alabama · 1876
- Woodruff v. StewartSupreme Court of Alabama · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Ex parte CraigCourt of Appeals for the Second Circuit · 1922
- Broom v. DouglassSupreme Court of Alabama · 1912
- Robertson v. StateAlabama Court of Appeals · 1924
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Ex Parte HillSupreme Court of Alabama · 1935
31 more not listed; retrieve them via the Exa API.