Cherry v. Williams

LUJAN, Justice.

This is an action to recover damages for alleged malicious prosecution against T. B. Williams, and for false imprisonment against W. L. Stroud. Defendants’ motion for summary judgment was sustained. Plaintiff appeals contending that the court erred in granting said motion.

On October 18, 1950, T. B. Williams was the duly elected and acting mayor of the city of Truth or Consequences, and W. L. Stroud was the duly appointed and acting Chief of Police of said city. They were not sued in their official capacity but as individuals.

The facts as revealed by the record are in substance…