Davis v. McColloch
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Heard before Hon. C. P. Almon. Action by John W. Davis against R. N. McColloch and others.
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Appeal from Lawrence Circuit Court. Heard before Hon. C. P. Almon. Action by John W. Davis against R. N. McColloch and others. As sheriff of Morgan county, R. N. McColloch, by his deputy, Harvey Wright, having a warrant for the arrest of John Davis, arrested appellant in Lawrence county, Ala., incarcerated him in ,the calaboose at Courtland for several hours, and carried him from there to Morgan county, where he was confined several days, and delivered him to the sheriff of Blount county, who carried him to Oneonta, in said county, and there incarcerated him in jail. It was then discovered…
1Opinion of the Court
de GRAFFENRIED, J.
In the case of Ex parte Tarlton, 2 Ala. 35, this court said: “In England, to which, in the absence of legislation, we look for rules to guide our practice and decisions, it is said to be well settled that error does not lie when the court whose judgment is complained of, acts in a summary manner, or in a new course different from the common law.”
In the case of Stepheson et al. v. Mansony, 4 Ala. 317, this court held that an appeal does not lie from an order of a court striking a cause from its docket, and upon that subject said: “The defendants are not, however, remediless.…
2Cases cited9 opinions
- Ex parte State ex rel. Attorney GeneralSupreme Court of Alabama · 1904
- Ex parte HendreeSupreme Court of Alabama · 1873
- Ex parte LoweSupreme Court of Alabama · 1852
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Ex parte TarltonSupreme Court of Alabama · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gentry v. Swann Chemical Co.Supreme Court of Alabama · 1937
- State v. CobbSupreme Court of Alabama · 1972
- Dorrough v. McKeeSupreme Court of Alabama · 1956
- Ex Parte AdamsSupreme Court of Alabama · 1927
- Keith & Wilkinson v. ForsytheSupreme Court of Alabama · 1933
17 more not listed; retrieve them via the Exa API.