Fidelity Deposit Co. of Maryland v. Adkins

Action for false imprisonment. The count on which the case was tried avers “that said defendant George Lamb, acting under color of his office as such deputy sheriff, wrongfully arrested plaintiff, and as a proximate consequence thereof plaintiff was greatly vexed,” etc. The demurrer, which was overruled, takes the point that the complaint does not allege that the arrest was unlawful and that the averment that defendant was acting under color of his office is a mei’e conclusion of the pleader.

We are of opinion that the demurrer was properly overruled.

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