Hall v. Acklen
Supreme Court of Louisiana
APPEAL from the District Court of the parish of West Feliciana. This cause was tried by a jury before Sterling, J. on the point of malice, cited 2 Starkie on evidence, 912, 913, 915, 916, 918, 921, marginal page; Grant v. Deuel, 3 R. R., 17; S A. R., 713 ; 12 R. R., 162; C. C., 2294; 4 A. R., 377. The question of damages for false imprisonment, and in fact, all questions sounding in damages, are the exclusive province of a jury to determine.
Read the full summary
APPEAL from the District Court of the parish of West Feliciana. This cause was tried by a jury before Sterling, J. on the point of malice, cited 2 Starkie on evidence, 912, 913, 915, 916, 918, 921, marginal page; Grant v. Deuel, 3 R. R., 17; S A. R., 713 ; 12 R. R., 162; C. C., 2294; 4 A. R., 377. The question of damages for false imprisonment, and in fact, all questions sounding in damages, are the exclusive province of a jury to determine. They are selected from the vicinage. They see and hear the witnesses testify, weigh their credibility, their intelligence, and their opportunity of…
1Opinion of the CourtOgden, J.
This is an action of damages for false imprisonment. The defendant pleaded the general denial, and the jury have fround a verdict against him for twelve hundred and fifty dollars. -A motion for a new trial was made, which having been overruled, the defendant has appealed from the judgment rendered in accordance with the verdict.
The first question is whether the defendant was the prosecutor and made the affidavit on which the plaintiff was arrested and imprisoned. A cópy of the commitment was received in evidence which recites that the plaintiff, S. 8. Sail, had been arrested on the…
2Cited by3 opinions
- Sweeten v. FriedmanLouisiana Court of Appeal · 1928
- Arceneaux v. Louisiana Highway CommissionLouisiana Court of Appeal · 1943
- De Renzes v. His WifeSupreme Court of Louisiana · 1905