Mitchell v. Gambill
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. A. A. Coleman. Tbis was an action brought by tbe appellant, James A. Hitcbell, against tbe appellee, A. A. Gambill, to recover for an assault and battery committed by tbe defendant on tbe plaintiff. Tbe complaint was in • tbe Code form. Tbe defendant pleaded six pleas. Tbe 1st, 2d and 3d pleas were tbe general issue. Tbe other pleas numbered 4, 5 and 6 were, upon tbe motion of tbe defendant, withdrawn.
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Appeal from tbe Circuit Court of Jefferson. Tried before tbe Hon. A. A. Coleman. Tbis was an action brought by tbe appellant, James A. Hitcbell, against tbe appellee, A. A. Gambill, to recover for an assault and battery committed by tbe defendant on tbe plaintiff. Tbe complaint was in • tbe Code form. Tbe defendant pleaded six pleas. Tbe 1st, 2d and 3d pleas were tbe general issue. Tbe other pleas numbered 4, 5 and 6 were, upon tbe motion of tbe defendant, withdrawn. On tbe trial of tbe case it was shown that tbe defendant bad committed an assault and battery upon tbe defendant. It was…
1Opinion of the CourtDowdell, J.
This is an action of trespass for assault and battery. The complaint is in Code form. The three pleas to the complaint upon which issue was taken and the cause tried, presented in different forms the general issue. Under this issue, matter in justification of the alleged assault is not competent in evidence. Such defense must be specially pleaded.—Lunsford v. Walker, 93 Ala. 36.
Section 4345 of the Criminal Code of 1896, which provides that, “on the trial of any person for an assault, an assault and battery, or an affray, he may give in evidence any opprobrious words or abusive language used…
2Cases cited4 opinions
- Keiser v. SmithSupreme Court of Alabama · 1882
- Prior v. StateSupreme Court of Alabama · 1884
- Lunsford v. WalkerSupreme Court of Alabama · 1890
- Brown v. StateSupreme Court of Alabama · 1883
3Cited by24 opinions
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- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Morris v. McClellanSupreme Court of Alabama · 1908
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