Sims v. Kent

This is an action in which the only count submitted to the jury was for malicious prosecution.

Plaintiff introduced the warrant for his arrest upon affidavit made by defendant before the judge of the county court. Defendant announced that he had no objection to the affidavit and warrant, but that he did object to the indorsement on it. The indorsement was signed in the name of the sheriff by deputies, and showed the arrest and imprisonment of plaintiff. No ground of objection was assigned. But appellant argues here that the indorsement was not properly identified.

In the ease of Lunsford v.…