Taylor v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was commenced on the 6th day of May, 1889, by the appellant, Thomas T. Taylor, against the defendant Joseph S. Smith, as sheriff of Jefferson county, and the sureties on his official bond, to recover damages for the arrest and imprisonment of the plaintiff on a warrant, issued by a justice of the peace, charging plaintiff with a misdemeanor, for unlawfully and wantonly injuring and…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This action was commenced on the 6th day of May, 1889, by the appellant, Thomas T. Taylor, against the defendant Joseph S. Smith, as sheriff of Jefferson county, and the sureties on his official bond, to recover damages for the arrest and imprisonment of the plaintiff on a warrant, issued by a justice of the peace, charging plaintiff with a misdemeanor, for unlawfully and wantonly injuring and disfiguring an animal. The gravamen of the complaint was, that plaintiff offered, when arrested, to make a good and…
1Opinion of the Court
HARALSON, J. —
1. At common law bail was not allowable as a matter of right, but rested in sound judicial discretion. By the Bill of Rights in our present constitution, as it was in the previous ones, it is provided that all persons shall, before conviction, be bailable with sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and that excessive bail shall not, in any case, be required.
When an indictment has been found against one for a misdemeanor, it is provided by statute that the defendant must be discharged by the sheriff, or his deputy, on…
2Cases cited8 opinions
- King v. AverySupreme Court of Alabama · 1861
- Mohr v. LemleSupreme Court of Alabama · 1881
- Alabama Midland Railway Co. v. Martin & Bro.Supreme Court of Alabama · 1893
- Bell's Adm'r v. TroySupreme Court of Alabama · 1859
- Doe ex dem. Evans v. RichardsonSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Glass v. Meyer, Son & Co.Supreme Court of Alabama · 1899
- City of Birmingham v. AndrewsSupreme Court of Alabama · 1931
- Bonham v. LoebSupreme Court of Alabama · 1894
- Wellman v. JonesSupreme Court of Alabama · 1899
5 more not listed; retrieve them via the Exa API.