Luke v. Calhoun County
Supreme Court of Alabama
Appeal from Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. Appellant’s husband, William C. Luke, alias William McAdams Luke, having been murdered by disguised persons, on the 12th of July, 1870, in Calhoun county, Alabama, she brought this suit against the county, under the provisions of the “ Act to suppress murder, lynching, and assaults and batteries,” approved Dec. 28th, 1868, to recover $5,000, the penalty given by the statute against the county.
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Appeal from Circuit Court of Calhoun. Tried before Hon. W. L. Whitlock. Appellant’s husband, William C. Luke, alias William McAdams Luke, having been murdered by disguised persons, on the 12th of July, 1870, in Calhoun county, Alabama, she brought this suit against the county, under the provisions of the “ Act to suppress murder, lynching, and assaults and batteries,” approved Dec. 28th, 1868, to recover $5,000, the penalty given by the statute against the county. Appellant never resided in the United States. She and her husband were subjects of Great Britain, and residents of Canada, which…
1Opinion of the CourtBrickell, C. J.
The fact essential to the support of the action was the identity of the man murdered and the plaintiff’s husband. In the recent trial of Udderzook for the murder of Gross, a photograph of Gross was offered for the purpose of identifying him with the dead body, which had been found bearing marks of violence. It was admitted, and on error the supreme court of Pennsylvania affirmed rightly. Am. Law Review, Oct. 1874, p. 18. In the case of Ruloff v. The People (45 N. Y. 213), it was material to show intimate relations between the accused and two deceased persons who were drowned about the time of…
2Cases cited5 opinions
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Barnes v. IngallsSupreme Court of Alabama · 1863
- Spader v. FrostIndiana Supreme Court · 1836
- Sidgreaves v. MyattSupreme Court of Alabama · 1853
3Cited by35 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- McKee v. StateSupreme Court of Alabama · 1949
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- State v. MathesonSupreme Court of Iowa · 1905
- Alabama Gold Life Insurance v. Mobile Mutual InsuranceSupreme Court of Alabama · 1886
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