McCully v. Malcom
Tennessee Supreme Court
This is an action for false imprisonment, instituted in the Circuit Court of Blount county, by David McCuIly against Malcom, Griffith, Matthews, and others. It was transferred to Knox county ; where, upon the pleas of not guilty and justification, it was tried by Judge Alexander and a jury.
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This is an action for false imprisonment, instituted in the Circuit Court of Blount county, by David McCuIly against Malcom, Griffith, Matthews, and others. It was transferred to Knox county ; where, upon the pleas of not guilty and justification, it was tried by Judge Alexander and a jury. It appears that Matthews was a deputy sheriff of Blount county; that a warrant was issued for the arrest of Henry McCully for an assault with intent to commit murder in the first degree; that the warrant came to the hands of Mathews; that he arrested Henry McCully, and David McCully, also, on the ground…
1Opinion of the CourtMcKinney, J.
This is an action of trespass and false imprisonment, brought by the plaintiff in error against the defendants and another in the Circuit Court of Blount county, and removed by change of venue to Knox county for trial. Verdict and judgment were rendered for the defendants in the court below, and the plaintiff prosecutes an appeal in error to this court.
Several errors have been assigned and insisted upon in the argument of this case.
1. During the progress of the trial, and upon the plaintiff’s case being closed, there being no evidence against the defendant, James Griffith, the defendant’s…
2Cases cited2 opinions
- Cornell v. CookNew York Supreme Court · 1827
- Hyskill v. GivinSupreme Court of Pennsylvania · 1821