Rhodes v. . Collins

We have read with care the record. The allegations of the complaint appear to set out a double-barrel action permissible under our liberal practice, “Wrongful and malicious prosecution, false arrest and wrongful detention,” and tried out on false arrest and imprisonment.

“False imprisonment” is based upon the deprivation of one’s liberty without legal process, while malicious prosecution is for a prosecution founded upon legal process, but maintained maliciously and without probable cause. Rosendale v. Market Square Dry Goods Co. (Mo.), 213 S. W., 169, 171. Allen v. Greenlee, 13 N. C., 370.

The…