Legal Opinion

Woodruff v. Stewart

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 21 opinions

Appeal from tbe City Court of Selma. Tried before tbe Hon. Jona. Haralson. This action was brought by H. H. Stewart against Noadiah Woodruff, to recover damages for an alleged false arrest and imprisonment, and was commenced on tbe 14th February, 1877. Tbe arrest was under a warrant issued by tbe defendant, as tbe mayor of tbe city of Selma, on tbe 29th November, 1876, which was founded on an affidavit charging tbe offense of obstructing tbe side-walks of tbe city; and tbe…

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Appeal from tbe City Court of Selma. Tried before tbe Hon. Jona. Haralson. This action was brought by H. H. Stewart against Noadiah Woodruff, to recover damages for an alleged false arrest and imprisonment, and was commenced on tbe 14th February, 1877. Tbe arrest was under a warrant issued by tbe defendant, as tbe mayor of tbe city of Selma, on tbe 29th November, 1876, which was founded on an affidavit charging tbe offense of obstructing tbe side-walks of tbe city; and tbe imprisonment was under tbe judgment and sentence pronounced by tbe defendant on the bearing of that charge. Tbe affidavit…

1Opinion of the Court

BRICKELL, C-. J.

There are numerous exceptions to rulings of the City Court, but there are only two assignments of error. The first is, that the City Court erred in refusing, at the instance of the appellant, to charge the jury that, if they believed the evidence, they must find a verdict in his favor. The second is, that the City Court erred in charging the jury, at the instance of the appellee, if they believed the evidence, their verdict must be in .his favor. It may be the evidence was not so free from conflict, so clear and undispu*210ted, or that there were inferences to be drawn from it,…

2Cases cited9 opinions

  1. Hunt v. . HuntNew York Court of Appeals · 1878
  2. People v. CookNew York Supreme Court · 1852
  3. Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
  4. Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
  5. Irion v. LewisSupreme Court of Alabama · 1876

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Broom v. DouglassSupreme Court of Alabama · 1912
  2. Coleman v. RobertsSupreme Court of Alabama · 1896
  3. Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
  4. Pickett v. RichardsonSupreme Court of Alabama · 1931
  5. Hall v. City of MaconSupreme Court of Georgia · 1918

16 more not listed; retrieve them via the Exa API.

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