Davis v. Sanders
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was 'an action brought by the appellee. Ed. Sanders against the appellant, Tom Davis, in which he sought to recover damages for false imprisonment. The complaint contained two counts, which were as follows : “1st count.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was 'an action brought by the appellee. Ed. Sanders against the appellant, Tom Davis, in which he sought to recover damages for false imprisonment. The complaint contained two counts, which were as follows : “1st count. The plaintiff claims of the defendant $3,000 damages for maliciously and without probable cause therefor causing the plaintiff to be arrested and imprisoned on the charge of larceny for to-wit, ten days on to-wit, the 1st day of December, 1899. “2d count. The plaintiff claims of the defendant…
1Opinion of the CourtDowdell, J.
The complaint contained two counts, the first being in Code form (No. 19, p. 946, Code,) for false imprisonment; the second being the same, with additional averments of matters showing aggravation. Both counts are in trespass. — Ragsdale v. Bowles, 16 Ala. 62; Sheppard v. Furniss, 19 Ala. 760; Holly v. Carson, 39 Ala. 345; Rhodes v. King, 52 Ala. 272; Rich v. McInermy, 103 Ala. 345; 13 Ency. Pl. & Pr., 427, 428-9, note 1.
The amendment of the second count by the additional averment thiat “said charge before the commencement of this action has been judicially investigated and said prosecution…
2Cases cited5 opinions
- Rich v. McInernySupreme Court of Alabama · 1893
- Ragsdale v. BowlesSupreme Court of Alabama · 1849
- Sheppard v. FurnissSupreme Court of Alabama · 1851
- Rhodes v. KingSupreme Court of Alabama · 1875
- Holly v. CarsonSupreme Court of Alabama · 1864
3Cited by11 opinions
- Sanders v. DavisSupreme Court of Alabama · 1907
- Drummond v. DrummondSupreme Court of Alabama · 1924
- Phillips v. MorrowSupreme Court of Alabama · 1923
- Hill v. HydeSupreme Court of Alabama · 1929
- Tutwiler Coal, Coke & Iron Co. v. TuvinSupreme Court of Alabama · 1908
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