Smith v. Roebuck

• Decision Date: 22 April 1908
• Citation: 46 So. 455,155 Ala. 395
• Parties: SMITH v. ROEBUCK ET AL.
• Court: Alabama Supreme Court

46 So. 455

155 Ala. 395

SMITH v. ROEBUCK ET AL.

Supreme Court of Alabama

April 22, 1908

Appeal from City Court of Birmingham; C. W. Ferguson, Judge.

Action by John W. Smith against W. B. Roebuck and others. From a judgment for plaintiff, defendants appeal. Reversed and remanded.

Count 2, upon which the cause is tried, is as follows: "The plaintiff claims of defendant $1,000 damages, for that heretofore, to wit, on November 8, 1904, the defendant W. B Roebuck was elected a justice of the peace in precinct No 46, known as Avondale, in Jefferson county, Alabama. Plaintiff avers; That under the statute of Alabama the said Roebuck executed his official bond as such justice of the peace in the sum of $1,000 on the 16th day of November, 1904 for the faithful discharge of the duties of such office during the time he continued therein or discharge any of the duties thereof. That James Frith, J. N. Sigsbee, W. L. Frith W. F. Suydam, and J. C. Rockett, codefendants of said Roebuck and above named as defendants, signed and executed said bond of said W. B. Roebuck as such justice of the peace, as the sureties of said Roebuck for the faithful discharge of the duties of such office during the time he continues in said office or discharges any of the duties thereof. That said bond was approved and ordered of record on the 17th day of November, 1904, by J. P. Stiles, judge of probate of Jefferson county, Alabama. The said W. B. Roebuck on the 24th day of December, 1905, while acting under color of his office as such justice of the peace, and while the bond as aforesaid was in full force and effect, breached said bond, in that under color of his authority as such justice of the peace as aforesaid, and under color of his office as such justice of the peace as aforesaid, the said W. B. Roebuck on the 24th day of December, 1905, unlawfully deprived and detained the plaintiff of his liberty and contrary to the will of plaintiff in Jefferson county, Alabama. Plaintiff avers that such unlawful deprivation and detention of his liberty was caused by the said W. B. Roebuck while wrongfully acting under color of his office as such justice of the peace as aforesaid. Plaintiff avers, because of such unlawful deprivation and detention of his liberty, he was brought under arrest from Avondale aforesaid, and carried to the county jail to be incarcerated therein, and, not being received by the jail authorities for such purpose, plaintiff was handcuffed and carried along the public highways of the city of Birmingham and on the street cars back to Avondale exposing plaintiff to the gaze and observation in his then condition to the public. And after plaintiff was taken back to Avondale he was imprisoned for the space of 24 hours in the city calaboose by the said Roebuck, acting...