Primas v. Saulsberry

Banke, Judge.

This is an action for damages for false imprisonment and malicious prosecution arising out of the plaintiff’s arrest on a warrant taken out by the defendant. The plaintiff alleged in his complaint that the warrant had been dismissed for lack of evidence and that the prosecution had thereby terminated in his favor. The defendant filed what amounted to a motion to dismiss the complaint and at the hearing thereon introduced a certified copy of a pending indictment charging the plaintiff with the same crime alleged in the arrest warrant. Based on this evidence, the trial court…