Giannini v. Garland

Opinion of the Court by

Judge Thomas

Reversing.

This is an action filed in the Marshall Circuit Court by appellee as plaintiff against appellants as defendants, whereby plaintiff sought to recover damages from defendants for falsely arresting him on the alleged charge of violating our game ■ and fish code by fishing-in the Tennessee River without complying with the statute in respect thereto.

The first paragraph of the answer denied the material averments of the petition, and its second paragraph justified the arrest by averring that at the time it was made “the plaintiff was then and there…