Engle v. Patterson
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by J. M. Engle against M. F. Patterson and others for false imprisonment and malicious prosecution. Judgment for defendants, and plaintiff appeals. A good many rulings are invoked on the pleadings; but they are unnecessary to be here set out, in view of what is said in the opinion.
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Appeal from Walker Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by J. M. Engle against M. F. Patterson and others for false imprisonment and malicious prosecution. Judgment for defendants, and plaintiff appeals. A good many rulings are invoked on the pleadings; but they are unnecessary to be here set out, in view of what is said in the opinion. It appears, after the trial was entered upon, the plaintiff stated that, the action being for false imprisonment, under the rulings of the court it was necessary for them to procure a certain void affidavit and warrant, upon which the…
1Opinion of the CourtAnderson, J.
In the absence of a statutory provision authorizing it, a writ of error, or appeal, would not lie from a voluntary nonsuit, or a nonsuit taken by the plaintiff in consequence of adverse rulings of the court. — Rogers v. Jones, 51 Ala. 354. The statute, however, which has existed for many years, originally authorized the review of a ruling when the plaintiff suffered a nonsuit in consequence thereof, when the fact, point, or decision was reserved by bill of exceptions. This court, in construing this statute, has repeatedly held that it related exclusively to rulings of the court which could…
2Cases cited1 opinion
- Dundee Mortgage & Trust Investment Co. v. NixonSupreme Court of Alabama · 1891
3Cited by26 opinions
- Bush v. RussellSupreme Court of Alabama · 1913
- Russell v. GarrettSupreme Court of Alabama · 1922
- Schillinger v. WickershamSupreme Court of Alabama · 1917
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- MacMahon v. City of MobileSupreme Court of Alabama · 1949
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