Wyatt v. Baker

This was a suit for an alleged false arrest and imprisonment. The facts are set forth in the former report of the case in this court. Wyatt v. Baker, 41 Ga. App. 750 (154 S. E. 816). On the subsequent trial, and before any evidence was submitted, the defendant, in open court, claimed the right to assume and offered to assume the burden of proof, and he now excepts to the refusal of the court to allow him to take the burden of proof and to open and conclude the argument. Held:

1 “In every ease of tort, if the defendant was authorized by law to do the act complained of, he may plead the same as…