Higdon v. Stuckey
Supreme Court of Alabama
False Imprisonment. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Charles R. Stuckey against E. L. Higdon, sheriff, and his official bond, .for false imprisonment. Judgment for plaintiff and defendant appeals.
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False Imprisonment. Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Charles R. Stuckey against E. L. Higdon, sheriff, and his official bond, .for false imprisonment. Judgment for plaintiff and defendant appeals. The jurisdiction of the judge of the criminal court to issue warrants is justified on two separate aspects. 1st, the power is implied from its general jurisdiction over misdemeanors. — Secs. 12 and 11, Local Laws Jefferson county, 212; Vann v. Adams, 71 Ala. 175; Carroll v. The State, 58 Ala, 396; Griffith v. Appleby, 69 Ala. 109; Bains v. Mitchell, 82…
1Opinion of the CourtSayre, J.
Appellee sued appellants, the sheriff of Jefferson county and the surety on his official bond, for a false imprisonment. The sheriff pleaded justification under a warrant issued by the judge of the criminal court of Jefferson county, and returnable into that court, charging a violation of section 7359 of the Code. The tidal court sustained demurrers to the several pleas which set up this defense on the theory that the judge of the criminal court ivas without authority to issue the warrant. It is evident that the trial court took this course under the influence of the decision of this court in…
2Cases cited3 opinions
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Herring v. StateSupreme Court of Alabama · 1908
- Douglass v. StateSupreme Court of Alabama · 1897
3Cited by6 opinions
- Gladden v. StateAlabama Court of Appeals · 1951
- Redd v. StateSupreme Court of Alabama · 1910
- Mahaley v. StateAlabama Court of Appeals · 1958
- Holloman v. StateAlabama Court of Appeals · 1954
- Clewis v. StateSupreme Court of Alabama · 1911
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