Kearley v. Cowan

Count 1 is in damages for assault and battery and further charges that, in connection with and as part of the assault, defendant incarcerated the plaintiff in the city jail of Andalusia. Damages are claimed for “such assault and such incarceration.” The gravamen of the action is assault and battery. Incarceration in connection with the assault is a circumstance of aggravation. Count 2 is in damages for unlawful arrest and imprisonment accompanied with an assault and battery as a circumstance of aggravation. Neither count is subject to demurrer upon the ground that two distinct and independent…