King v. Gray
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Dan L. King aganst John M. Gray and others, as his official bondsmen, for damages for false imprisonment. Judgment for defendant and plaintiff appeals.
1Opinion of the Court
de GRAFFENRIED, J.
The first and third counts of the complaint were for unlawful imprisonment, and • the other counts were for a malicious prosecution. In the first and third counts the plaintiff charged that the defendants “maliciously” and without prabable cause arrested and imprisoned him.
In an action for false imprisonment, if the complaint charges that the imprisonment was “malicious” and without probable cause, instead of charging that it was-“unlawful” and without probable cause, both the “malice” and the want of probable cause must be proven.—Rich v. McInerny, 103 Ala.. 345, 15 South.…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Albright v. MillsSupreme Court of Alabama · 1888
- Hanchey v. BrunsonSupreme Court of Alabama · 1913
3Cited by15 opinions
- Barbara A. Nesmith and Richard A. Nesmith v. H. D. AlfordCourt of Appeals for the Fifth Circuit · 1963
- Parker v. AmersonSupreme Court of Alabama · 1987
- Wilson v. OrrSupreme Court of Alabama · 1923
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Chambers v. AndersonCourt of Appeals for the Sixth Circuit · 1932
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