Morris v. McClellan
Supreme Court of Alabama
Appeal from Limestone Circuit Court.. Heard before Hon. L>. W. Speake. Action by W. H. McClellan against John Morris, Sr. Prom a judgment in favor of plaintiff, defendant appeals. W. H. McClellan sues John Morris, Sr., for assault and battery. The first count was in Code form for assault and battery.
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Appeal from Limestone Circuit Court.. Heard before Hon. L>. W. Speake. Action by W. H. McClellan against John Morris, Sr. Prom a judgment in favor of plaintiff, defendant appeals. W. H. McClellan sues John Morris, Sr., for assault and battery. The first count was in Code form for assault and battery. The second count averred that the defeixdant willfully shot the plaintiff with a pistol, a deadly weapon, thereby inflicting upon his person a highly dangerous and painful wound, from which assault and battery as aforesaid the plaintiff suffered great mental anxiety and physical pain, was…
1Opinion of the CourtDowdell, J.
This is an action to recover damages for an assault and battery committed on the plaintiff by the defendant. The defendant pleaded the general issue, and a number of special pleas, in which it was attempted to set up matter in justification of the assault. Demurrers were sustained to these pleas, and it is here insisted that the rulings of the court on the demurrers were erronous. The rule is well settled that, in a civil action to rcover damages for an assault and battery, justification for the alleged assault cannot be proven under the plea of the general issue, but must be specially…
2Cases cited5 opinions
- Cleveland v. StateSupreme Court of Alabama · 1888
- Mitchell v. GambillSupreme Court of Alabama · 1903
- Naugher v. StateSupreme Court of Alabama · 1897
- Lunsford v. WalkerSupreme Court of Alabama · 1890
- Lewis v. StateSupreme Court of Alabama · 1898
3Cited by32 opinions
- Fross v. WottonCalifornia Supreme Court · 1935
- International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. HatasSupreme Court of Alabama · 1971
- Trahan v. CookSupreme Court of Alabama · 1972
- City of Bessemer v. ClowdusSupreme Court of Alabama · 1954
- Tice v. MandelNorth Dakota Supreme Court · 1956
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