Daniel v. McNeel

Daniel sued McNeel, sheriff, and the surety on his official bond, for damages resulting from alleged (1) unlawful trespass, (2) false arrest and imprisonment, and (3) malicious prosecution. The jury returned a verdict for defendants. On appeal to this Court wo held that, notwithstanding the verdict of the jury, the testimony showed conclusively the sheriff was a trespasser in the home of Daniel and that the arrest and imprisonment of Daniel was unlawful, and remanded the case for assessment of damages. The report of the case on appeal sets out the facts. State for Use of Daniel v. McNeel,…