Legal Opinion

Pepper v. Mayes

Court of Appeals of Kentucky

Decided March 18, 1884PublishedCited by 17 opinions

Case 109 — ORDINARY APPEAL PROM CALDWELL CIRCUIT COURT. The petition stated a good cause of action against each of the defendants, and the demurrer should have been overruled. (Crim. Code, p. 27, sec. 115; 14 B. Mon., 39; 7 Bush, 532; 10 Bush, 449.) The court refused to properly instruct the jury, and the instructions given were prejudicial to appellant.

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Case 109 — ORDINARY APPEAL PROM CALDWELL CIRCUIT COURT. The petition stated a good cause of action against each of the defendants, and the demurrer should have been overruled. (Crim. Code, p. 27, sec. 115; 14 B. Mon., 39; 7 Bush, 532; 10 Bush, 449.) The court refused to properly instruct the jury, and the instructions given were prejudicial to appellant. (7 Mon., 5G0; 3 Marshall, 98; 18 B. Mon., 744; 1 B. Mon., 360; 3 Mon., 115; Gen. Stat., 121, secs. 15 and 18; lb., 317, sec. 1; Crim. Code, 13, sec. 55; lb., sec. 384; lb., 9, sec. 28; lb., 13, sec. 55; lb., 59, secs. 323, 324^325; Ib„ 72,…

1Opinion of the Court

JUDGE HINES

delivebed the opinion of the coubt.

This is an action by appellant against appellees, A. C. Mayes, R.' R. Pickering, and J. M. Pool, seeking damages for alleged false imprisonment. A demurrer was sustained to the petition as to Pickering and Pool, and overruled as to Mayes. There was a trial as to Mayes, a verdict for defendant, and an appeal to this court. The petition states, in substance, that appellees “wickedly, wilfully, and without authority, falsely and maliciously imprisoned” appellant. It is stated that appellant was arrested by Pickering, the sheriff, on a warrant…

2Cases cited1 opinion

  1. Revill v. PettitCourt of Appeals of Kentucky · 1860

3Cited by17 opinions

  1. Streipe v. Liberty Mutual Life Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1932
  2. Waddle v. WilsonCourt of Appeals of Kentucky · 1915
  3. Anderson v. FosterIdaho Supreme Court · 1953
  4. Dixon v. CooperCourt of Appeals of Kentucky · 1900
  5. Little v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1969

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