Holly v. Carson
Supreme Court of Alabama
Appeal from the Circuit Court of Covington. Tried before the Hon. Jas. F. Clements, sitting (by consent of the parties) in place of the Hon. John K. Henky, who was incompetent from .interest to preside.
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Appeal from the Circuit Court of Covington. Tried before the Hon. Jas. F. Clements, sitting (by consent of the parties) in place of the Hon. John K. Henky, who was incompetent from .interest to preside. This action was brought by James W. B. Carson, against Alfred Holly, and was commenced on the 1st August, 1800. The complaint was in the following words: “The plaintiff cl'a.i-ma of the defendant ten thousand dollars, as damages for maliciously, and without probable cause therefor, causing the plaintiff to be arrested and imprisoned on a charge of felony, for one day, viz., oh. the 14th…
1Opinion of the CourtPhelan, J.
The complaint in this case, though designed, no doubt, as an “ action on the case for a malicious prosecution,” and manifestly so considered and treated by the court below, is in fact a complaint in trespass. The form of complaint given in the Code at page 554, under the head “ For false imprisonment,” is the one adopted in this case; and this court has decided, in the case of Williams v. Ivey, (37 Ala. R. 244,) that such a complaint is in trespass, and not in case. To make it “case for a malicious prosecution,” it was necessary that it should have contained aver-ments — 1st, that the arrest…
2Cases cited1 opinion
- Ragsdale v. BowlesSupreme Court of Alabama · 1849
3Cited by8 opinions
- Sanders v. DavisSupreme Court of Alabama · 1907
- Alabama & Florida R. R. v. BurkettSupreme Court of Alabama · 1868
- Rhodes v. KingSupreme Court of Alabama · 1875
- Davis v. SandersSupreme Court of Alabama · 1901
- Prince v. BryantSupreme Court of Alabama · 1962
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