Williams v. Ivey
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon.. Nat-. Cook, The original complaint in this case Was in these wolds : “Reason Williams \ vs. > The plaintiff claims of the defendant Samuel Ivey. ' twenty thousand dollars, as damages for an assault and battery committed by the defendant on the plaintiff, viz., on the 10th January, A. D. 1858. “Tbe plaintiff claims of the defendant twenty thousand dollars, as damages for maliciously, and without probable cause…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon.. Nat-. Cook, The original complaint in this case Was in these wolds : “Reason Williams \ vs. > The plaintiff claims of the defendant Samuel Ivey. ' twenty thousand dollars, as damages for an assault and battery committed by the defendant on the plaintiff, viz., on the 10th January, A. D. 1858. “Tbe plaintiff claims of the defendant twenty thousand dollars, as damages for maliciously, and without probable cause therefor, arresting and imprisoning him, the said plaintiff, on a charge of larceny, for twenty days, viz., on the 10th…
1Opinion of the CourtStone, J.
The first, count in the'original complaint is a substantial copy of the form furnished by the Code,, (page 554,) “for assault and battery,” and is clearly a count in trespass. The second count -isacopy of the next succeeding form, the caption of which assumes to be “for false imprisonment.” The correctness of the ruling of the circuit court, on the demurrer for misjoinder, depends on the inquiry,- whether the second count is in trespass,■-.or in •case. The circuit court held it to be a count in case. We 'hold, that it was a- count in trespass vi et armisi for the following reasons i
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