Mitchell v. Malone
Supreme Court of Georgia
Actions. False Imprisonment. Damages. New Trial. Before Judge Boynton. Eockdale Superior Court. February Term, 1886. William Malone brought suit against the sheriff of Eockdale county and the sureties on his bond to recover damages for false imprisonment. On the trial, the jury found for the defendants, and on motion, a new trial was granted.
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Actions. False Imprisonment. Damages. New Trial. Before Judge Boynton. Eockdale Superior Court. February Term, 1886. William Malone brought suit against the sheriff of Eockdale county and the sureties on his bond to recover damages for false imprisonment. On the trial, the jury found for the defendants, and on motion, a new trial was granted. On the second trial, the evidence for the plaintiff was, in brief, as follows: About the 2d of September, 1883, the plaintiff was living at Cedar Shoals, in Newton county. Mitchell, the sheriff of Eockdale county, came to the plaintiff and asked if he…
1Opinion of the Court
Hall, Justice.
William Malone brought suit against Mitchell, sheriff of Rockdale county, for arresting and imprisoning him wrongfully and without authority of law; and two trials have been had, in both of which there were verdicts for the defendant, and each time the verdict has been set aside and a new trial granted solely upon the ground that it was not only contrary to law and evidence, but without any *305evidence to support it. That this judgment granting a second new trial was correct, there can be no question. The sheriff, by letter from the authorities of Putnam county, was requested to…
2Cited by9 opinions
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- Goodwin v. AllenCourt of Appeals of Georgia · 1953
- Standard Surety C. Co. of N. Y. v. JohnsonCourt of Appeals of Georgia · 1947
- Erickson v. AndersonMontana Supreme Court · 1926
- Smith v. Glens Falls Indemnity Co.Court of Appeals of Georgia · 1944
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