Deason v. Gray
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action for false imprisonment by S. G. Deason against John M. Gray, as sheriff, and another, on his official bond. Prom a judgment for defendants, plaintiff appeals. The complaint contained a number of counts, most of which were in Code form, and the facts of which sufficiently appear from the opinion.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action for false imprisonment by S. G. Deason against John M. Gray, as sheriff, and another, on his official bond. Prom a judgment for defendants, plaintiff appeals. The complaint contained a number of counts, most of which were in Code form, and the facts of which sufficiently appear from the opinion. The judgment was rendered March 18, 1913, and the bill of exceptions is indorsed as having been tendered to the trial judge on June 17, 1913, 91 days after judgment rendered. Each count of the complaint alleges that the United…
1Opinion of the CourtMayfield, J.
The bill of exceptions in this case must be stricken on appellees’ motion, because not signed within the time required by law. — Code, § 3019. The case must be reversed, however, because of rulings on the pleadings adverse to appellant — the sustaining of demurrers to several counts of the complaint.
It is difficult to understand upon what theory the trial court acted in sustaining demurrers to any one of the counts. They each substantially followed the Code form (Code 1907, vol. 2, p. 1198, form 19) for false imprisonment. The statute not only declares this form sufficient, but we have always…
2Cases cited6 opinions
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Gambill v. SchmuckSupreme Court of Alabama · 1901
- Governor ex rel. Simmons v. HancockSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Monk v. EhretCalifornia Supreme Court · 1923
- State Ex Rel. Harbin v. DunnCourt of Appeals of Tennessee · 1943
- Fite v. PearsonSupreme Court of Alabama · 1926
- Deason v. GraySupreme Court of Alabama · 1915
15 more not listed; retrieve them via the Exa API.