Sumner v. Beeler

This suit was. brought by the appellee against the appellants, to recover damages for an illegal arrest, imprisonment, prosecution, and causing him to be fined on the charge of being found drunk, under the ninth section of the Baxter bill of 1873.

The defendants answered jointly and separately, by the general denial and by a third paragraph in justification under the ninth section of said law.

*342A demurrer for want of sufficient facts was sustained to this paragraph, and this ruling is assigned for error.

This section has been held to be unconstitutional, or, in other words, that it is not law.…