Henry v. Carlton
Supreme Court of Alabama
Action of Trespass. Appeal from tlie City Court of Gadsden. This was an aotion brought by the appellee, S. J. Carlton, against the appellants, James F. Henry and E. A. Rogers. The complaint was as follows: “1st. The plaintiff claims of the defendants the sum of ten thousand dollars damages for an assault and battery committed by the defendants on the plaintiff, viz., on or about the 15th day of September, 1896. ‘ £2d.
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Action of Trespass. Appeal from tlie City Court of Gadsden. This was an aotion brought by the appellee, S. J. Carlton, against the appellants, James F. Henry and E. A. Rogers. The complaint was as follows: “1st. The plaintiff claims of the defendants the sum of ten thousand dollars damages for an assault and battery committed by the defendants on the plaintiff, viz., on or about the 15th day of September, 1896. ‘ £2d. The plaintiff claims of the defendants the further sum of ten thousand dollars damages for maliciously assaulting and beating the plaintiff on or about the 15th day of…
1Opinion of the CourtColeman, J.
The action is in trespass. There is no averment in case in the declaration. When two or more parties are guilty of a joint trespass, they may be sued jointly or severally in one action.-Smith v. Gayle, 58 Ala. 606. A complaint which avers that A. B. and C. D. assaulted E., imports that the assault was joint. Evidence that one of the defendants committed an assault at one time, and the other at a different time, would not be admissible in support of the averment, and authorize a joint recovery.
A count quan¡ clausum fregit, may be joined with a count for trespass on the person, in the same…
2Cases cited1 opinion
- Smith v. GayleSupreme Court of Alabama · 1877
3Cited by2 opinions
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Hardeman v. WilliamsSupreme Court of Alabama · 1910