Bufford v. Chambers

• Decision Date: 27 November 1906
• Citation: 148 Ala. 442,42 So. 597
• Parties: BUFFORD v. CHAMBERS ET AL.
• Court: Alabama Supreme Court

42 So. 597

148 Ala. 442

BUFFORD v. CHAMBERS ET AL.

Supreme Court of Alabama

November 27, 1906

Appeal from Circuit Court, Jefferson County; A. H. Alston, Judge.

"To be officially reported."

Action by Young Bufford against P. C. Chambers and another. From a judgment for defendants, plaintiff appeals. Affirmed.

This was an action begun in the Bessemer city court, and, upon application of the defendant, removed to the circuit court of Jefferson county. The complaint was as follows: First count Plaintiff claims of the defendant the sum of $1,000 as damages, and for cause of action avers that at the time of the bringing of this suit, and before March 1, 1905, P. C Chambers was a justice of the peace of precinct 3, Jefferson county, Ala., and before entering upon the duties of his office as such justice of the peace he executed his official bond, with the American Bonding Company, of Baltimore, Md., a corporation, which said corporation has a place of business in Birmingham, Jefferson county, Ala., and which is conducted by Messer & Moore, as his surety, which said official bond contained the condition that said P. C. Chambers, as such justice of the peace, would faithfully discharge his duties of such office as such justice of the peace during the time he continued therein, or discharge any of the duties thereof which said bond, after the execution of the same, was duly approved and filed as required by laws of the state of Alabama; and the plaintiff avers that on the ______ day of ______, 1905, the defendant Chambers wrongfully and unlawfully, under color of his office as such justice of the peace, issued an affidavit and warrant of arrest against the plaintiff, charging him with cruelty to animals, thereby causing him to be arrested and detained under said affidavit and warrant of arrest, to his damage $1,000." Second count: The second count is exactly like the first down to and including the words "laws of the state of Alabama," with the additional averment that "on, to wit, ______ 1905, the defendant P. C. Chambers maliciously and without probable cause therefor issued an affidavit and warrant of arrest against plaintiff under color of his office as such justice of the peace, and thereby caused plaintiff to be restrained of his liberty, kept from his employment, and his money wrongfully taken, all to his damage $1,000." Third count: Same as the first count down to and including the words "laws of the state of Alabama," with the additional averment that the defendant wrongfully and unlawfully issued a writ of garnishment on, to wit, ______ of April, 1905, against the Tennessee Coal, Iron & Railroad Company, a corporation, wherein the plaintiff was made the defendant in said garnishment writ, and thereby caused defendant's money to be taken from him on said garnishment writ, to his damage $1,000." This appears to have been filed April 20, 1905. On the 16th day of March 1906, the following amended complaint was filed: "Comes the plaintiff, and, after obtaining leave of the court, amends his complaint to read as follows: [Same as original count 1 down to and including the words "as required by the laws of the state of Alabama," and adds the following:] And plaintiff avers that on April 18, 1905, the defendant while acting in said precinct 3 and under said bond, and acting under color of his office as such justice of the peace, in said precinct and under the said bond as aforesaid, wrongfully and unlawfully issued a writ of garnishment on to wit the 18th day of April, 1905, directed to the Tennessee Coal, Iron & Railroad Company, a corporation, as garnishee, and the plaintiff as defendant in said writ of garnishment, thereby wrongfully and unlawfully attaching the wages due and owing the plaintiff for work...