Rich v. McInerny
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. On August 1,1888, Michael Mclnerny instituted a suit against William Rich, to recover damages for false imprisonment.
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Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. On August 1,1888, Michael Mclnerny instituted a suit against William Rich, to recover damages for false imprisonment. The complaint was in the following language : “The plaintiff claims of the defendant five thousand dollars damages for maliciously and without probable cause thereof causing the plaintiff to be arrested and deprived of his liberty, on a charge of larceny, for three days, viz., from the night of the 28th of July,. 1888, to Wednesday morning, August 1st, 1888, to the damage of plaintiff five thousand…
1Opinion of the CourtHead, J.
False imprisonment is the unlawful restraint of a person contrary to his will. But two things are requisite, viz. : Detention of the person, and unlawfulness of such detention. — 7 Amer. & Eng. Encyc. of Law, 661, 662. Malice is not material, except in aggravation of damages. Nor is probable cause of guilt, on the part of the party imprisoned, when the imprisonment is under a criminal charge, material, except as it may be rendered so, by the provisions of sections 4262 and 4266 of the Code, in cases to which those sections are applicable. — 7 Amer. & Eng. Encyc. of Law, 663, 664. If the…
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