Legal Opinion

Canter v. Harris

Alabama Court of Appeals

Decided November 12, 1918No. 6 Div. 375PublishedCited by 3 opinions

Appeal from City Court of Birmingham; W. W. Ferguson, Judge. Action by Ida Belle Canter against F. O. Harris for damages for unlawfully issuing a warrant against plaintiff. Judgment for defendant, and plaintiff appeals.

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Appeal from City Court of Birmingham; W. W. Ferguson, Judge. Action by Ida Belle Canter against F. O. Harris for damages for unlawfully issuing a warrant against plaintiff. Judgment for defendant, and plaintiff appeals. The complaint alleges that the defendant was judge of the inferior court of Ensley, Jefferson county, Ala., a court created in lieu of justices of the peace in and for the precinct included within the jurisdiction of said court, and that, while acting under color of his office as judge of said court, the defendant unlawfully issued a warrant-of arrest against the plaintiff on…

1Opinion of the Court

It is not controverted that the inferior court of Ensley, of which the defendant was judge at the time of the act complained of, had jurisdiction concurrent with the circuit court of the offense denounced by section 6217 of the Code, the offense sought to be charged by the affidavit made before the defendant. Acts 1915, p. 825, § 2.

We have but to apply what was said in Broom v. Douglass, to determine that the affidavit in question was a "colorable invocation of jurisdiction," and it appearing without dispute that the defendant acted without corruption or bad faith, he is not liable.

"By a…

2Cases cited4 opinions

  1. Broom v. DouglassSupreme Court of Alabama · 1912
  2. Craig v. BurnettSupreme Court of Alabama · 1858
  3. Blancett v. WimberleyAlabama Court of Appeals · 1918
  4. Withers v. CoylesSupreme Court of Alabama · 1860

3Cited by3 opinions

  1. Hotel Supply Co. v. ReidAlabama Court of Appeals · 1918
  2. George v. WilliamsArizona Supreme Court · 1924
  3. Ex Parte CanterSupreme Court of Alabama · 1919

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