Safren v. Meyer
Supreme Court of South Carolina
Before Hon. C. J. Ramage, special Judge, Columbia, December, 1914. Action by Joseph Safrén against J. B. Meyer. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The trial Judge, after stating the issues, and reading an extract from 19 Cyc. 319, on false imprisonment, charged the jury as follows: Now, unlawful arrest, gentlemen, is arresting the person without authority of 'law.
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Before Hon. C. J. Ramage, special Judge, Columbia, December, 1914. Action by Joseph Safrén against J. B. Meyer. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. The trial Judge, after stating the issues, and reading an extract from 19 Cyc. 319, on false imprisonment, charged the jury as follows: Now, unlawful arrest, gentlemen, is arresting the person without authority of 'law. Unlawful imprisonment is unlawfully detaining him, or keeping him detained without authority of law. Ordinarily the only person who has any right to arrest a man is an officer of the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action by plaintiff against defendant for damages for an alleged false arrest or imprisonment. The answer contains a general denial, and sets up a further defense that the plaintiff, at the time of the alleged arrest, was indebted to the defendant, for goods furnished by defendant to plaintiff under a contract, by which the plaintiff sold the goods on commission and was to account to the defendant for the proceeds thereof, and had not done so, and that the plaintiff had collected a large part of the proceeds from such…
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