Shirley v. McDonald

Plaintiff sues the sheriff and the surety on his official bond in an action for false imprisonment, and from a judgment in his favor defendants appeal.

The complaint, consisting of three counts, was not subject to the demurrer interposed thereto. The averments sufficiently disclose an unlawful arrest and imprisonment of plaintiff by the deputy sheriff, wno was’ acting under color of his office and in the line and scope of his authority. Deason v. Gray, 192 Ala. 611, 69 So. 15; Id., 189 Ala. 672, 66 So. 646.

Appellants lay stress upon the averment of an arrest in Walker county, beyond the…