Ryder v. Adams
Supreme Court of Louisiana
Eastern Dis. The plaintiff in this suit was the defendant in another, in which judgment had been rendered against him; an appeal staying execution had been taken, and he had subsequently been arrested and imprisoned during one day on an affidavit falsely and maliciously taken, as is alleged, by Kilkenney, as ' the agent of Mrs. Adams, the plaintiff in that suit, and with Kilkenny, the defendants in the present action.
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Eastern Dis. The plaintiff in this suit was the defendant in another, in which judgment had been rendered against him; an appeal staying execution had been taken, and he had subsequently been arrested and imprisoned during one day on an affidavit falsely and maliciously taken, as is alleged, by Kilkenney, as ' the agent of Mrs. Adams, the plaintiff in that suit, and with Kilkenny, the defendants in the present action. One thousand dollars in damages were claimed for this false imprisonment. The defendants pleaded the general issue, denied alFmalice, and averred the legality of their…
1Opinion of the CourtPortee, J.
This is an action for false imprisonment. The plaintiff was arrested on an affidavit made by Kilkcnney, who was the agent of Mrs. Adams. He swore that Ryder was about to remove from the state of Louisiana, without leaving therein sufficient property to satisfy the demand which the defendant, Mrs. Adams, had against him.
This oath is charged to have been falsely and maliciously taken. The facts which appear on the record establish, that at the time the present plaintiff was arrested, judgment had already been obtained against him, from which judgment he had taken a suspensive appeal, and…
2Cited by3 opinions
- Vinas v. Merchants' Mutual InsuranceSupreme Court of Louisiana · 1881
- Dunn v. Southern Ins.Supreme Court of Louisiana · 1906
- State ex rel. ChapmanSupreme Court of Louisiana · 1860