Supreme Court of Alabama May 20, 1915 (Rhodes v. McWilson)

SOMERVILLE, J.

(1) The cause being tried under plea of the general issue only, and the action being in trespass, there could be no justification of the arrest complained of; and the only proper inquiries Avere as to defendant’s responsibility for the arrest, and, if re sponsible, the amount of damages to be assessed.— Womack v. Bird, 51 Ala. 504; Lunsford v. Walker, 93 Ala. 36, 8 South.