Gorman-Gammill Seed & Dairy Supply Co. v. Morton
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by A. L. Morton against the Gorman-Gammill Seed & Dairy Supply Company for damages for false imprisonment and malicious prosecution. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by A. L. Morton against the Gorman-Gammill Seed & Dairy Supply Company for damages for false imprisonment and malicious prosecution. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals, under section 6, Acts 1911, p. 449. An action for malicious prosecution can only be maintained after an arrest and prosecution under valid process. 19 Ala. 606; 17 Ala. 540; 127 Ala. 56, 28 South. 376; 153 Ala. 375, 44 South. 979; 195 Ala. 414, 70 South. 734. To sustain an action for false imprisonment, the…
1Opinion of the CourtGardner, J.
This suit was brought by appellee against appellant to recover damages on account of the arrest and imprisonment of the plaintiff on a charge of false pretenses.
Count 1 was withdrawn, and the cause proceeded to trial upon counts 2 and 3. The second count sought recovery for malicious prosecution, and the third for false imprisonment. Demurrers were sustained to pleas B and C, and this action of the court constitutes the first assignment of error. Plea B merely sets up that the arrest and imprisonment of the plaintiff were procured upon written complaint and warrant, which were copied verbatim…
2Cases cited15 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Hanchey v. BrunsonSupreme Court of Alabama · 1911
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Shannon v. SimmsSupreme Court of Alabama · 1906
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3Cited by2 opinions
- Central Iron & Coal Co. v. WrightAlabama Court of Appeals · 1924
- Republic Steel Corp. v. WhitfieldSupreme Court of Alabama · 1953