Smith v. Phelps

AN action for damages. The basis is alleged unlawful arrest and imprisonment.

The plaintiff in error, plaintiff below, is an attorney, and the defendants in error, defendants at trial, were the district attorney of the tenth judicial district, the deputy district attorney for Pueblo county, the judge and sheriff of that county, and their respective bondsmen.

When plaintiff had concluded his case, the court sustained motions of defendants for a directed verdict in their favor. Judgment followed, and plaintiff assigns error. Of the defendants, only the district attorney and deputy district…