Von Arx v. Shafer

GILBERT, Circuit Judge.

The parties hereto will be designated plaintiff and defendants as in the court below. The plaintiff brought an action against the defendants to recover damages for false imprisonment. The defendant Shafer was the city marshal of the town of Douglas, Alaska, and the defendant Henson was the city magistrate. During the progress of the trial the court directed a non-suit as to Henson, and at the close of the evidence instructed the jury to return a verdict for the defendant Shafer. The court was clearly in error in both rulings.

The plaintiff and the defendant Shafer…