Goodwin v. Anderson

ON MOTION FOR REHEARING.

Gardner, J.

Upon a careful review of the entire record it appears that the only issue or issues involved which came but barely within the scope of the petition and the answer thereto, on which the evidence bore, were those which arose out of the alleged trespass by the defendant officer and another officer acting in concert, either in making an allegedly illegal arrest, or in acting in excess of the force necessary in making a legal arrest, and which had to do only with damages to certain named property, and not the illegal conversion by taking away the property and…