Smith v. Clark

This is an action for false imprisonment and malicious prosecution, based upon the following transactions: The plaintiff and Barry had a controversy with respect to the ownership and the right of possession of some adobe brick. A Mr. Stewart, who made the brick from clay belonging to the plaintiff, had agreed to pay plaintiff: a royalty. Barry had acquired an interest in the brick, and had taken, without objection, a sufficient number of them to build a house. 'When he attempted to take several more loads to build an outhouse a dispute arose between him and the plaintiff as to the payment of…