Henry v. Carleton

• Court: Supreme Court of Alabama
• Citation: 21 So. 225,113 Ala. 636
• Parties: HENRY ET AL. v. CARLETON.
• Decision Date: 14 January 1897

21 So. 225

113 Ala. 636

HENRY ET AL. v. CARLETON.

Supreme Court of Alabama

January 14, 1897

Appeal from city court of Gadsden; John H. Disque, Judge.

Action by S. J. Carleton against James F. Henry and another to recover for trespass on plaintiff's land and person. Demurrers to the complaint were overruled, and from a judgment for plaintiff, defendants appeal. Reversed.

Brickell C.J., dissenting.

The complaint was as follows: "(1) The plaintiff claims of the defendants the sum of ten thousand dollars damages for an assault and battery committed by the defendants on the plaintiff, viz. on or about the 15th day of September, 1896. (2) The plaintiff claims of the defendants the further sum of ten thousand dollars damages for maliciously assaulting and beating the plaintiff on or about the 15th day of September 1896. (3) The plaintiff claims of the defendants the further sum of ten thousand dollars, for that heretofore, to wit, on or about the 15th day of September, 1896, the defendants came to plaintiff's place of business, and maliciously assaulted the plaintiff, by knocking him down and otherwise maltreating the plaintiff. (4) The plaintiff claims of the defendants the further sum of ten thousand dollars damages for that heretofore, to wit, on or about the 15th day of September, 1896, the defendants came to plaintiff's place of business, and, while the defendant Rogers held a pistol to intimidate plaintiff, the defendant Henry did assault, beat and otherwise maltreat plaintiff, to his great bodily and mental suffering, to his great damage, etc. (5) And plaintiff claims the further sum of ten thousand dollars damages for a trespass by the defendants on the following tract of land viz. a house and lot in Gadsden, known and designated as the 'Ice Plant,' belonging to and in the possession of plaintiff, and for assaulting and beating the plaintiff on or about the 15th day of September, 1896. (6) And plaintiff claims of the defendants the further sum of ten thousand dollars damages for a trespass of the defendants on the following tract of land, viz. a house and lot in Gadsden, known and designated as the 'Ice Plant,' belonging to and in the possession of plaintiff, and for maliciously assaulting, beating, and otherwise maltreating the plaintiff on or about the 15th day of September, 1896. (7) And the plaintiff claims of the defendants the further sum of ten thousand dollars damages, for that heretofore, to wit, on or about the 15th day of September, 1896, while plaintiff was on his own premises, the defendants entered, and, by presenting a pistol, put the plaintiff in fear, so that he could and dare not defend himself, and then assaulting and beating the plaintiff, by knocking him down, and slapping him in the face, and otherwise maltreating and insulting plaintiff, to his great and bodily suffering, to his damage above set forth."

To this complaint the defendants demurred as follows: "(1) Defendants demur to the whole complaint on the ground that it is an attempt to bring an action for an assault and battery against the two defendants jointly. (2) Because the damages for an assault and battery will not lie against two persons jointly. (3) Because the complaint contains no such averments as show a conspiracy between the defendants Henry and Rogers or otherwise authorize a joint suit against both." To the fifth and sixth counts of the...