Crumpton v. Newman
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. This was an action of trespass at the suit of the plaintiff in error, alledging an assault and battery upon, and imprisonment of him, by the defendant, without reasonable aud probable cause, &c. On a trial before the jury, the plaintiff read as evidence an affidavit and warrant as follows, viz ; “ The State of Alabama, Lowndes county.
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Writ of Error to the Circuit Court of Lowndes. This was an action of trespass at the suit of the plaintiff in error, alledging an assault and battery upon, and imprisonment of him, by the defendant, without reasonable aud probable cause, &c. On a trial before the jury, the plaintiff read as evidence an affidavit and warrant as follows, viz ; “ The State of Alabama, Lowndes county. Personally came before me, R. S. Fletcher, an active justice of the peace in and for said county, Morris Newman, who being duly sworn, ■ deposeth and saith, that on the 21st day of March, A. D. 1846, one William…
1Opinion of the CourtCollier, C. J.
The 20th section of the 5th chapter of the penal code, enacts, that “ if any person shall knowingly and wilfully resist or oppose any officer of this State, in serving or attempting to serve, or execute, any legal writ or process whatsoever, he shall, on conviction thereof, be fined not less than fifty, and not exceeding one thousand dollars.” [Clay’s Dig. 430, § 20.] It is perfectly clear, that the mere concealment of property of a debtor, or the refusal to inform an officer who has an execution against his estate, where it may be found, does not amount to an offence under this statute, or…
2Cases cited1 opinion
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
3Cited by10 opinions
- Brown v. StateSupreme Court of Alabama · 1895
- Broom v. DouglassSupreme Court of Alabama · 1912
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Daniels v. MilsteadSupreme Court of Alabama · 1930
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