Legal Opinion

Oates v. Bullock

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 13 opinions

Appeal from tlie Circuit Court of Henry. Tried before the Hon. John P. Hubbard. This was an action to recover damages for false imprisonment brought by the appellee against the appellant. On the trial of the case the plaintiff introduced in evidence the affidavit and warrant which were signed and issued under the circumstances as stated in the opinion.

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Appeal from tlie Circuit Court of Henry. Tried before the Hon. John P. Hubbard. This was an action to recover damages for false imprisonment brought by the appellee against the appellant. On the trial of the case the plaintiff introduced in evidence the affidavit and warrant which were signed and issued under the circumstances as stated in the opinion. This affidavit charged the plaintiff, J. M. Bullock, and two others with having removed personal property upon which the defendant, W. S. Oates, had a mortgage, and the warrant attached to said affidavit commanded the arrest of said Bullock and…

1Opinion of the CourtMcCLELLAN, C. J.

Bullock is plaintiff and Oates defendant in this cause. The first count of the complaint is as follows: “The plaintiff claims of the defendant the sum of one thousand dollars damages for maliciously causing the plaintiff to be arrested and deprived of his liberty on a -charge of moving property on which another had a claim, for five days beginning on or about November 14th, 1898.” The second count charges that defendant caused the plaintiff to he unlawfully arrested and for the rest is a copy of the first count. The. third count is also like the first fexcept that, it charges that defendant…

2Cases cited2 opinions

  1. Burns v. CampbellSupreme Court of Alabama · 1882
  2. Chambliss v. BlauSupreme Court of Alabama · 1899

3Cited by13 opinions

  1. Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
  2. Sanders v. DavisSupreme Court of Alabama · 1907
  3. Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
  4. Dickerson v. SchwabacherSupreme Court of Alabama · 1912
  5. Burk v. KnottAlabama Court of Appeals · 1924

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