Roberts v. Thomas
Court of Appeals of Kentucky
CASE 10. — ACTION BY KEEL ROBERTS AGAINST W. J. THOMAS. Appeal from Henry Circuit Court. Chas. C. Marshall, Circuit Judge. Judgment for defendant, plaintiff appeals. POINTS AND AUTHORITIES. The only point we make in this case is that the action is for false imprisonment, and in actions of that character it is not necessary to allege in the petition want of probable cause or malice. Malice is not an ingredient of an action of this character.
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CASE 10. — ACTION BY KEEL ROBERTS AGAINST W. J. THOMAS. Appeal from Henry Circuit Court. Chas. C. Marshall, Circuit Judge. Judgment for defendant, plaintiff appeals. POINTS AND AUTHORITIES. The only point we make in this case is that the action is for false imprisonment, and in actions of that character it is not necessary to allege in the petition want of probable cause or malice. Malice is not an ingredient of an action of this character. Southern Railway in Kentucky v. Sherley, 28 L. R. 861; 21 Ky. 865; Reynolds, By, &c. v. Price, 22 L. R., page 5. AUTHORITIES CITED ON PETITION. Words and…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Affirming.
Keel Roberts filed his petition in the Henry circuit court, in which he sought to recover damages in the sum of $10,000 against W. J. Thomas. Thomas filed a demurrer to the petition which the court sustained. Roberts thereupon filed an amended petition. The court sustained the demurrer to the petition as. amended. The plaintiff declining to plead further,, the petition was dismissed, and he appeals.
The facts stated in the petition are these: Thomas subscribed and swore to an affidavit before the judge of the Shelby quarterly court in which'Roberts…
2Cases cited2 opinions
- Gordon v. WestSupreme Court of Georgia · 1907
- Southern R'y Co. v. ShirleyCourt of Appeals of Kentucky · 1906
3Cited by23 opinions
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- Riffe v. ArmstrongWest Virginia Supreme Court · 1996
- Heck v. HumphreySupreme Court of the United States · 1994
- Vorholt v. VorholtWest Virginia Supreme Court · 1931
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