Adams v. Coe
| Decision Date | 30 June 1899 |
| Citation | 123 Ala. 664,26 So. 652 |
| Parties | ADAMS v. COE. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Shelby county; George E. Brewer, Judge.
Action by Noah Coe against J. B. Adams. From a judgment in favor of plaintiff, defendant appeals. Reversed.
The complaint claims $5,000 as damages, for that the defendant caused the plaintiff to be arrested and imprisoned on a warrant which is set out at length in the complaint and is copied in the opinion. It was further averred in the complaint that said warrant was issued by M. S. Wilson, a justice of the peace, by reason of an affidavit made by J. B Adams, who, as the affidavit recites, "being sworn, says on oath that his storehouse at Longview, Alabama, was broken into on the night of February 11, 1897, and again on the night of March 4, 1897, and that he has reason to believe and does believe, that Noah Coe is guilty thereof." It was further averred that, by reason of the issuance of said warrant, plaintiff was arrested and imprisoned for 150 days. To this complaint the defendant demurred upon the following grounds: This demurrer was overruled, and to this ruling the defendant duly excepted. The defendant pleaded the general issue, and several special pleas, setting up the fact that the defendant was arrested and imprisoned under a legal and valid process, and that the warrant was issued by a justice of the peace, and was executed by a constable, in the exercise of the duties of their respective offices. To these pleas the plaintiff demurred upon the grounds that they set up no answer to the complaint. The demurrers to the special plea were sustained, and to each of the court's rulings in sustaining the demurrers to the special pleas the defendant separately excepted. On the trial of the case the affidavit made by James B. Adams, charging the plaintiff with breaking into his storehouse, and the warrant issued by the justice of the peace upon the making of said affidavit, and the appearance bond given by the defendant in said prosecution, were introduced in evidence. It was further shown by the evidence that James B. Adams made said affidavit before a justice of the peace, charging the plaintiff in this suit with breaking into the storehouse of said Adams; Wilson, the justice of the peace, issued a warrant upon said affidavit for the arrest of the plaintiff in this action, Noah Coe; and that said Coe was arrested under said warrant by a constable, but that no force was used in making the arrest, and no indignities were heaped upon Coe in making the arrest,-he being in the custody of the constable for no more than three or four hours, and only long enough to make the appearance bond. The defendant requested the court to give to the jury, among others, the following written charge, and separately excepted to the court's refusal to give each of them, as asked: "If the jury believe the evidence, they must find the issue in favor of the defendant." There were verdict and judgment for the plaintiff, assessing his damages at $100. The defendant appeals, and assigns as error the several rulings of the trial court to which exceptions were reserved.
Browne & Leeper, for appellant.
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Young v. City of Hokes Bluff
...it," Ex parte McElroy, 241 Ala. 554, 555, 4 So.2d 437, 439 (1941), or "by words from which it might be inferred," Adams v. Coe, 123 Ala. 664, 666-67, 26 So. 652, 653 (1899) (upholding a warrant "involv[ing] the averment of housebreaking, which in common parlance, implies burglary") (constru......
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Williams v. State
...a charging document does not have to aver expressly every constituent part, component, or element of the offense charged. Adams v. Coe, 123 Ala. 664, 26 So. 652 (1898). The Adams Court held that it was sufficient under a statute for a criminal complaint before a justice of the peace to desi......
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Phillips v. Morrow
...120 Ala. 351, 25 So. 46, the offense charged, and held sufficient, was "the offense of carrying a concealed pistol." In Adams v. Coe, 123 Ala. 664, 26 So. 652, the suit for false imprisonment against the party making the affidavit; held, a warrant for burglary is not void by the absence of ......
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Putnam v. State
...necessarily imply an intent to steal. Our holding that the information in this case does charge an offense is supported by Adams v. Coe, 123 Ala. 664, 26 So. 652, a false arrest case based on the alleged insufficiency of the warrant to state an offense. The court there said: 'The warrant in......