Proctor v. Walker

This was an action by Proctor, for assault and battery and false imprisonment. Defense, general denial; and, second, justification under legal process.

*661A demurrer was filed to the second paragraph of the answer, which was overruled. Upon this ruling, the first question is presented for our consideration.

The answer avers that a writ for the arrest of the plaintiff was issued by the clerk of said county, out of the Court of Common Pleas thereof (which writ is set forth), to the sheriff thereof, returnable forthwith. That the sheriff “appointed the said defendant, Walker, bailiff for said Court,…