Johnston v. Riley
Supreme Court of Georgia
Trespass, for false imprisonment in Bibb Superior Court. Tried before Judge Powers. November Term, 1852. Riley brought an action of trespass against Johnson, for falseymprisonment. When the plaintiff offered to read the declaration, the defendant demurred to said declaration, for that the action was misconceived, and should have been an action on the case; which demurrer the Court overruled, and sustained the declaration, and counsel for defendant excepted.
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Trespass, for false imprisonment in Bibb Superior Court. Tried before Judge Powers. November Term, 1852. Riley brought an action of trespass against Johnson, for falseymprisonment. When the plaintiff offered to read the declaration, the defendant demurred to said declaration, for that the action was misconceived, and should have been an action on the case; which demurrer the Court overruled, and sustained the declaration, and counsel for defendant excepted. The plaintiff then offered in evidence the following testimony: In the Court of Oyer and Terminer and Quarter Sessions of the Peace for…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The first ground of error assigned upon the record to the judgment of the Court below is, the -overruling the demurrer to the plaintiff’s declaration. The declaration of the plaintiff contains three counts. The first count, though it *131concludes in trespass, is, in its general structure and allegations contained therein, more of the character of an action on the case for a malicious prosecution, than trespass for false imprisonment. But there is no doubt, that at least one of the other two counts is a good count in trespass; and, inasmuch as…
2Cases cited1 opinion
- Scott v. ElyNew York Supreme Court · 1830
3Cited by12 opinions
- Wilson v. BonnerCourt of Appeals of Georgia · 1983
- Ex parte StateSupreme Court of Alabama · 1883
- Blocker v. ClarkSupreme Court of Georgia · 1906
- People Ex Rel. Maypole v. MeyeringIllinois Supreme Court · 1934
- Ex Parte PearceCourt of Criminal Appeals of Texas · 1893
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