Ferrell v. Livingston

Plaintiff brought this action for false arrest and imprisonment and malicious prosecution. After issues joined, a trial with a jury resulted in a verdict and judgment for $15,000 in favor of plaintiff, from which judgment defendant appeals.

Many errors are assigned by defendant for reversal of the judgment. We shall discuss only those we deem important in the consideration of this appeal.

Defendant contends (1) that a claim for false arrest and imprisonment is merged in an action for malicious prosecution based upon such arrest and imprisonment; (2) that the court allowed incompetent and…