Reid v. Gordon
Supreme Court of Alabama
In an action of trespass for an assault and battery, G. Gordon recovered against Thomas Reid, in Tuscaloosa Circuit Court, a judgment for ®5 damages and full costs of .suit. The suit was commenced in September, 1835, and determined at March term, 1837. The verdict is in these words: “we find the defendant guilty, and assess the plaintifis damages by occasion thereof to five dollars, besides his costs.” There was no certificate by the presiding Judge, for full costs.
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In an action of trespass for an assault and battery, G. Gordon recovered against Thomas Reid, in Tuscaloosa Circuit Court, a judgment for ®5 damages and full costs of .suit. The suit was commenced in September, 1835, and determined at March term, 1837. The verdict is in these words: “we find the defendant guilty, and assess the plaintifis damages by occasion thereof to five dollars, besides his costs.” There was no certificate by the presiding Judge, for full costs. The error assigned by Reid, is, that the Court erred in rendering judgment for full costs. submitted the cause.
1Opinion of the Court
By JUDGE COLLIER.
By the act to prevent frivolous and vexatious law suits,a it is enacted, “That in all suits which may hereafter be brought in this State to reco*470ver damages for slander, or trespass, or assault and battery, the plaintiff shall not recover more costs than damages, if the damages do not exceed five dollars, unless the Judge before whom the suit was tried, shall certify that more damages ought to have been awarded by the jury.” By a reference to the record, the action appears to have been commenced several years after the passage of this act, and is therefore subject to its…
2Cited by5 opinions
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Tippins v. PetersSupreme Court of Alabama · 1893
- Galle v. LynchSupreme Court of Alabama · 1852
- Guttery v. BoshellSupreme Court of Alabama · 1902
- Williams v. PerkinsSupreme Court of Alabama · 1835