Alabama & Vicksburg Railway Co. v. Kuhn

Citations

• 78 Miss. 114

Syllabus

<p>1. False Imprisonment. Code 1893, § 1373.</p> <p>An affidavit averring that a person jumped off: a moving- railroad train does not charge an offense under code 1893, $ 1373, making it unlawful for any person not a passenger or employe in operating-the railroad to jump on or off! a moving train,.and the arrest and imprisonment of a passenger under such an affidavit, even after a pretended conviction by a magistrate, renders the party instigating such proceedings liable in an action for false imprisonment, begun after such void proceedings had been quashed on appeal from the pretended conviction.</p> <p>3. Same. False recital in judgment. Void affidavit.</p> <p>A false recital in a judgment of a justice of the peace, afterwards vacated, that the accused pleaded guilty, is no defense to an action by him for false imprisonment against the prosecutor, whose affidavit charged no offense and was utterly void.</p>