Sanders v. Davis
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. O, W. Ferguson. Action for false imprisonment by Ed Sanders against Thomas Davis. From a judgment for defendant, plaintiff appeals. The pleadings are fully discussed in the opinion of the court. The evidence objected to is also set out in the opinion.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. O, W. Ferguson. Action for false imprisonment by Ed Sanders against Thomas Davis. From a judgment for defendant, plaintiff appeals. The pleadings are fully discussed in the opinion of the court. The evidence objected to is also set out in the opinion. At the request of the defendant the court gave the following charges to the jury: “(9) The question of whether the arrest was malicious and without probable cause does not depend upon Avhether the plaintiff was in fact guilty as charged, but Avhether the prosecutor acted in good faith, and on…
1Opinion of the CourtSimpson, J.
— This Avas a suit brought by the appellant against the appellee. Originally the complaint contained tAvo counts, and the second count was subsequently amended. In that condition the case came before this court, and the court held that both counts, original and as amended, were in trespass for false imprisonment, and that there could be no recovery thereunder for a malicious prosecution. The defect pointed out by the court, as failing to make out a count for malicious prosecution, Avas that there Avas no allegation “of the issuance of process, properly describing it, and the plaintiff's…
2Cases cited23 opinions
- Jordan v. StateSupreme Court of Alabama · 1886
- Rich v. McInernySupreme Court of Alabama · 1893
- Whitaker v. StateSupreme Court of Alabama · 1894
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Bates v. MorrisSupreme Court of Alabama · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Cutts v. American United Life Ins. Co.Supreme Court of Alabama · 1987
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
- Boothby Realty Co. v. HaygoodSupreme Court of Alabama · 1959
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
34 more not listed; retrieve them via the Exa API.