Gambill v. Cargo
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Action bv Oliver S. Cargo against A. A. Gambill. Judgment for plaintiff, and defendant appeals. On rehearing. This was an action brought by appellee against appellant for false imprisonment and malicious prosecution. The first, third, and fifth counts were for false imprisonment, and the second, fourth, and sixth for malicious prosecution.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. C. W. Action bv Oliver S. Cargo against A. A. Gambill. Judgment for plaintiff, and defendant appeals. On rehearing. This was an action brought by appellee against appellant for false imprisonment and malicious prosecution. The first, third, and fifth counts were for false imprisonment, and the second, fourth, and sixth for malicious prosecution. The court gave the general affirmative charge for appellant as to counts 2, 4, and (5, and these counts were also withdrawn. The evidence for plaintiff tended to show that he was a dairyman, and…
1Opinion of the CourtAnderson, J.
T h e evidence without conflict showed, that the defendant instructed Boggan “to enforce the collection of licenses to arrest them.” See Boggan’s testimony on cross-examination. Gambill also testified that Boggan had been arresting people for violating ordinances for several years, “and that was with my knowledge, by my direction.” This evidence clearly shows that defendant had given Boggan authority to make arrests, and, if he did so wrongfully, he was nevertheless acting within the scope of his authority, and the defendant was responsible for said arrests. Whether the ordinance was valid or…
2Cases cited5 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Alsop v. LiddenSupreme Court of Alabama · 1900
- Gulf City Shingle Manufacturing Co. v. BoylesSupreme Court of Alabama · 1900
- Goldstein v. DrysdaleSupreme Court of Alabama · 1906
- Pleasants v. ErskineSupreme Court of Alabama · 1886
3Cited by8 opinions
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
- Glidden Co. v. LaneySupreme Court of Alabama · 1937
- Birmingham Ledger Co. v. BuchananAlabama Court of Appeals · 1914
- Hudson v. Philadelphia Life Ins. Co.Tennessee Supreme Court · 1926
- Birmingham Railway, Light & Power Co. v. CrenshawSupreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.