Walden v. Sellers

Under the petition and the evidence it is obvious that the court erred in granting an interlocutory injunction. The only evidence produced by the petitioner to substantiate the allegations of the petition with regard to arrest was the testimony-that Walden, the police officer, had told Sellers on the telephone that he was “going to arrest him,” or that Sellers was “liable for arrest” for stopping the payment of the check, and telling counsel for petitioner the same. There was ■ no overt act, and no act of any kind by the defendant, tending to carry out the purpose of arresting petitioner. On…