Kemp v. Wilson
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; C. W; Ferguson, Judge. Action by Freeman Wilson against W. T. Kemp and the sureties on liis official bond as constable. From judgment for plaintiff, defendants appeal. The pleadings sufficiently appear.
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Appeal from Circuit Court, Jefferson County ; C. W; Ferguson, Judge. Action by Freeman Wilson against W. T. Kemp and the sureties on liis official bond as constable. From judgment for plaintiff, defendants appeal. The pleadings sufficiently appear. Evidence tended to show that Officers Kemp and White arrested 10 or 12 persons engaged in playing and betting' at a game of cards and dice, and that as they were taking them to the lockup Freeman Wilson ran for and towards an alley, and that when he got about 30 feet from the officer, Officer Kemp fired, breaking Wilson’s leg. Kemp was a constable…
1Opinion of the CourtBkicken, J.
This is an action by Wilson (appellee) against W. T. Kemp, as constable of beat 52, Jefferson county, and the sureties on his official bond, for damages sustained by appellee on account of being wrongfully or unlawfully shot by appellant Kemp while Kemp was alleged to he acting as such constable.
The complaint consisted of three counts, but the third count was eliminated by the charge of the court. There was judgment in favor of plaintiff, Wilson, and the defendants have appealed to this court, and assigned as error the giving of written charges requested by the plaintiff, the refusal of…
2Cases cited5 opinions
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- Carlisle v. WattsSupreme Court of Alabama · 1885
- Ward v. State Ex Rel. GoldsmithSupreme Court of Alabama · 1919
- Ward v. State Ex Rel. GoldsmithAlabama Court of Appeals · 1919
- Hatch. v. VarnerSupreme Court of Alabama · 1907
3Cited by2 opinions
- Johnson v. BD. OF CONTROL OF EMP. RETIREMENT SYSTEMSupreme Court of Alabama · 1999
- $1,568.00 U.S. Currency v. StateCourt of Civil Appeals of Alabama · 1992