Batten v. McCarty

McMahan, J. —

Action by appellant, the first paragraph of the complaint being for malicious prosecution and the second for false imprisonment. A demurrer was sustained to each paragraph; hence this appeal. The first paragraph alleges that appellee maliciously and without probable cause filed in the office of a named justice of the peace an affidavit as follows:

“Marshall B. McCarty swears that the claim in this action is for goods and merchandise sold to the defendant, that said claim is just and that the plaintiff ought to recover two hundred and fifty-seven and 88-100 dollars' ($257.88) and…