Legal Opinion · Dissent

Rhodes v. McWilson

Alabama Court of Appeals

Decided November 20, 1917No. 6 Div. 237Published

Appeal from Circuit Court, Jefferson County; C. B. Smith, Judge. Action by Thomas McWilson against J. Turner Rhodes. From a judgment for plaintiff, defendant appeals.

1DissentBricken, J.

The ease of Childers v. State, 156 Ala. 96, 47 South. 70, seems to be decisive of the appeal in this case. The writer cannot assent to the opinion of the court, and on account of the importance of the question feels bound to state the reasons for his dissent. In the Childers Case, supra, the defendant filed a plea of justification, alleging an arrest without a warrant and on a verbal complaint in accordance with the ordinances of the city of Bessemer authorizing and empowering its police officers to arrest without a warrant, which ordinances were adopted under a charter provision of the city…

2Cases cited32 opinions

  1. City of Birmingham v. Southern Express Co.Supreme Court of Alabama · 1909
  2. Ex parte CowertSupreme Court of Alabama · 1890
  3. Rich v. McInernySupreme Court of Alabama · 1893
  4. Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
  5. McKinstry v. City of TuscaloosaSupreme Court of Alabama · 1910

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