Buttrey v. Wilhite

The trial was had on counts the substance of which was that an agent of defendant, while acting in the scope of the employment as such agent, unlawfully caused plaintiff to be arrested and imprisoned, on the charge of publishing as true a forged check, etc. Demurrer being overruled, defendant interposed the plea of the general issue. The judgment was for plaintiff. On this appeal defendant insisted that he was entitled to the general affirmative charge.

The action for false imprisonment is in trespass, and consists (1) of the detention of the person, (2) which detention is unlawful. Rich v.…