Gulsby v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Monroe Circuit Court. Heard before Hon. Jopin T. Lackland. Action by J. W. Gulsby against the Louisville & Nashville Railroad Company for maliciously and without probable cause, procuring the issue of a search warrant directed against the premises of plaintiff. Prom a judgment for defendant, plaintiff appears.
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Appeal from Monroe Circuit Court. Heard before Hon. Jopin T. Lackland. Action by J. W. Gulsby against the Louisville & Nashville Railroad Company for maliciously and without probable cause, procuring the issue of a search warrant directed against the premises of plaintiff. Prom a judgment for defendant, plaintiff appears. The search warrant was procured upon the affidavit of one Hudson, agent of the Louisville & Nashville at Drewry, Ala., following the commission of the crime of robbery or larceny of goods while in the possession of the defendant railroad company. The facts sufficiently…
1Opinion of the Court
McCLELLAN, J.—
Section 5 of the Constitution of 1901 provides that “the people shall be secure in their persons, houses, papers and possessions from unreasonable seizure or searches,” and that “no warrants shall issue to search any place or to seize any person or thing without probable cause, supported by oath or *128affirmation.” In a leading and well considered case in this country (Carey v. Sheets, 67 Ind. 375) it is said that the quoted declaration, in substance, is an affimation of the common-law right of the citizen not to be searched or seized without probable cause. Where a search warrant…
2Cases cited11 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Coleman v. PepperSupreme Court of Alabama · 1909
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Ewing v. SanfordSupreme Court of Alabama · 1851
- Carey v. SheetsIndiana Supreme Court · 1879
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3Cited by45 opinions
- Wolf v. ColoradoSupreme Court of the United States · 1949
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Delchamps, Inc. v. BryantSupreme Court of Alabama · 1999
- Nat. SEC. Fire & Cas. Co. v. BowenSupreme Court of Alabama · 1983
- S.S. Kresge Co. v. RubySupreme Court of Alabama · 1977
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