Johnson v. Maxon

Opinion by

Graves, J.

Maxon prosecuted Johnson for an alleged false imprisonment, and the latter sought to defend by showing that the imputed trespass consisted of an arrest and imprisonment *104by means of a proceeding under the non-imprisonment act. The Court below excluded the defense on the ground that the proceedings in question were absolutely void.

The action is trespass and the party sought to be charged was a person alleged to have prosecuted those proceedings as an agent of the creditor. The ground for the action was that the plaintiff was imprisoned under color of process claimed by him…