Woodall v. McMillan
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. S. D. Hale. This action was brought by John H. McMillan, against Presley R. Woodall; and was commenced on the 6th February, 1860. The original complaint contained only a single count, claiming damages of the defendant “ for maliciously, and without probable cause therefor, causing the plaintiff to be arrested and imprisoned on a charge of peijury, for the space of twenty days” ; and a second count was…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. S. D. Hale. This action was brought by John H. McMillan, against Presley R. Woodall; and was commenced on the 6th February, 1860. The original complaint contained only a single count, claiming damages of the defendant “ for maliciously, and without probable cause therefor, causing the plaintiff to be arrested and imprisoned on a charge of peijury, for the space of twenty days” ; and a second count was afterwards added, which claimed damages “for this— that the defendant, on the 16th February, 1859, falsely imprisoned plaintiff,…
1Opinion of the CourtA. J. Walker, C. J.
The complaint in this case follows substantially the form prescribed by the Code, and is in trespass. — Williams v. Ivey, 37 Ala. 242, 244.
[2.] A justice of the peace, except in the few instances especially mentioned in our statutes, has no jurisdiction beyond the limits of his county. The justice for Marshall county had no authority to act upon the complaint of the. defendant, on account of a crime committed in Madison, and issue a warrant for the arrest of plaintiff upon the charge of such crime. Therefore, the warrant under which the arrest of plaintiff was made, was void.
[3.] The…
2Cases cited1 opinion
- Williams v. IveySupreme Court of Alabama · 1861
3Cited by4 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Thompkins v. Missouri, K. & T. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Kinchlow v. Peoples Rapid Transit Co.Court of Appeals for the D.C. Circuit · 1936