Cannon v. Haverty Furniture Co.

(dissenting) :

The respondent brought action to recover damages of the appellant corporation for alleged false imprisonment.

There was a demurrer to the complaint based on the ground that it does not allege “that the Court Order of Arrest therein complained of has ever been vacated, quashed, set aside or rescinded and that the continuance in full force and virtue of such order constitutes a complete and adequate bar to the present action.” The demurrer was overruled. The defendant answered, setting up, among other defenses, the same question made by the demurrer, and the case went to trial. In…