Butler v. Tattnall Bank
Supreme Court of Georgia
Action for damages. Before Judge Sheppard. Bryan superior court. May 7, 1912. C. C. Butler brought suit against P. I. Bimes of Bryan county, J. A. Kennedy of Tattnall county, and the Tattnall Bank, and alleged substantially as' follows: The defendants have damaged him in the sum of $10,129.75, as hereinafter set out.
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Action for damages. Before Judge Sheppard. Bryan superior court. May 7, 1912. C. C. Butler brought suit against P. I. Bimes of Bryan county, J. A. Kennedy of Tattnall county, and the Tattnall Bank, and alleged substantially as' follows: The defendants have damaged him in the sum of $10,129.75, as hereinafter set out. On the 16th day of December, Judge Seabrook, of the Atlantic circuit, upon the petition of the Tattnall Bank, issued an order directing P. I. Bimes, as clerk of the superior court of Bryan county, to issue an attachment for contempt of court against the plaintiff as sheriff of…
1Opinion of the CourtHill, J.
(After stating, the foregoing facts.) Section 4447 of the Civil Code .provides as follows: “False imprisonment consists in the unlawful detention of the person of another, for any length *584of time, whereby he is deprived of his personal liberty.” Section 4448 provides: “If the imprisonment is by virtue of a warrant, neither the party bona fide suing out nor the officer who in good faith executes the same is guilty of false imprisonment, though the warrant be defective in form, or be void for want of jurisdiction. In such cases the good faith must be determined from the circumstances of each…
2Cases cited4 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Central of Georgia Railway Co. v. PriceSupreme Court of Georgia · 1905
- Williams v. SewellSupreme Court of Georgia · 1905
- Berger v. SaulSupreme Court of Georgia · 1901
3Cited by4 opinions
- Williams v. SmithCourt of Appeals of Georgia · 1986
- Massachusetts Cotton Mills v. HawkinsSupreme Court of Georgia · 1927
- Carruth v. RobertsCourt of Appeals of Georgia · 1988
- Teasley v. NelsonCourt of Appeals of Georgia · 1929