McConnell v. Kennedy

Citations

• 29 S.C. 180
• 7 S.E. 76
• 1888 S.C. LEXIS 127

Syllabus

<p>1. Where, 'in action for false imprisonment, the testimony shows that there was no false imprisonment and a non-suit was properly granted, whether the judge erred in permitting an amendment of the answer at the trial is an immaterial question.</p> <p>2. The code has abolished all distinctions between the different forms of actions, but has not interfered with the distinctions existing between causes of action. The distinction between a cause of action for false imprisonment and for malicious prosecution, stated.</p> <p>3. Garvin v. Blocker and Malone, 2 Brev., 157, distinguished and doubted.</p> <p>4. A person properly arrested by lawful authority cannot maintain an action for false imprisonment againt a party causing such arrest.</p> <p>5. An affidavit and warrant charging that a party feloniously and with the intention of fraud did make false entries on the cash book of his employer, the prosecutor, to the great injury and injustice of the prosecutor, “plainly and substantially” sets forth the offence charged; and this is all that the law requires.</p> <p>6. False entries by a book-keeper in his employer’s cash book, made with fraudulent intent, constitutes the crime of forgery.</p> <p>7. A minor is ineligible to the constitutional office of constable, but he may be specially deputized to execute a particular warrant of arrest; and a person arrested by a minor under such special authority is lawfully arrested.</p> <p>8. The prosecutor, it would seem, is not liable to an action for false imprisonment, where, without his agency, the warrant is placed for execution in the hands of a person not legally competent to make an arrest.</p> <p>9. The complaint alleged that in order to secure his release from unlawful imprisonment, plaintiff was compelled to execute a covenant not to sue prosecutor. Held, that this did not allege that the prosecution was instituted for that purpose.</p> <p>10. Query, can a party arrested under proper legal process, but really prosecuted f