Pell City Manufacturing Co. v. Swearingen
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Action by Marion Swearingen against the Pell City Manufacturing Company for false imprisonment. From a judgment for plaintiff, defendant appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Action by Marion Swearingen against the Pell City Manufacturing Company for false imprisonment. From a judgment for plaintiff, defendant appeals. The seventh count was in the following language: “Plaintiff claims $10,000 damages of defendant, a corporation organized under the laws of Alabama and doing business - in St. Clair county at the time of the grievance herein complained of, and is now doing business in said county, for unlawfully procuring the arrest and imprisonment of plaintiff in St. Clair county, against the will…
1Opinion of the CourtMcCLELLAN, J.
Action for damages for false imprisonment. The judgment entry recites that all counts, save the seventh, were withdrawn by the plaintiff (appellee) that demurrers were sustained to plea 2 and overruled as to plea 3, and that issue was joined on plea 2. Plea 2 was the statute of limitation of 12 months, and plea 3 alleged the arrest to have been effected under void process. The stated contradiction apparent in the judgment entry is relieved by the bill of exceptions, from which it appears that plea 3, instead of plea 2, was the plea on which issue was taken; the plea not being subject to any…
2Cases cited2 opinions
- Rhodes v. KingSupreme Court of Alabama · 1875
- Relfe v. Valentine & Co.Supreme Court of Alabama · 1871
3Cited by6 opinions
- Wilson v. LaphamSupreme Court of Iowa · 1923
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Red v. StateSupreme Court of Alabama · 1910
- Nolen v. JonesSupreme Court of Alabama · 1917
- Bright v. SawyerSupreme Court of Alabama · 1935
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