Daniels v. Milstead

BROWN, X

The plaintiff sued the defendant Daniels and the National Surety Company, the surety on Daniels’ official bond as deputy game warden ; two of the counts in the complaint alleging malicious prosecution, and the other false imprisonment. The defendants pleaded the general issue in short by consent, etc., and the trial resulted in a verdict and judgment for the plaintiff.

The evidence is without dispute that the defendant Daniels, acting by virtue of his office or under color thereof, arrested the plaintiff without a warrant and incarcerated him in the county jail of Clay county, where he…