48 Ala. 423
Decided June 15, 1872
Supreme Court of Alabama · decided 1872-06-15
Section 6 of the act “ to suppress murder, lynching, and assaults and batteries,” approved December 28th, 1868, provides, in substance, that if any person be whipped, beaten, or wounded, “to force such person to leave the neighborhood, or for any cause, by two or more persons unknown, or persons in disguise, not unknown or in disguise,” &c., the person so injured may recover one thousand dollars by suit against the county in which the offense occurred, &c. Section 7 of the…
Decided 1872-06-15
¶1Section 7 of the act to suppress murder, lynching, &c., approved December 28th, 1868, authorizes the suspension of proceedings in the suit for damages, when the offenders shall be apprehended and undergoing trial, until the result of the trial of the apprehended person shall be known. It is not necessary that more than one of the offenders shall be undergoing trial. The proceedings are to be suspended whenever the proper facts are made known to the court or judge.
¶2The mandamus is refused.