Williamson v. Wilcox

Citations

• 63 Miss. 335

Syllabus

<p>False Imprisonment. Action for, against mayor. Waiver of affidavit and writ. Instruction.</p> <p>E., as mayor of tbe town of H., fined Y. for an alleged violation of a town ordinance, without first having an affidavit against him or warrant for his arrest. Y. paid the fine under protest, and then sued E. for false imprisonment, and recovered a judgment against him. There was evidence to the effect that V. waived the making of an affidavit and the issuance of a writ, and the court was asked by E. to instruct the jury that if they believed from the evidence that such waiver was made they should find for the defendant, but the court refused to so instruct. Held, that the instruction should have been given, as the waiver if made constituted a good defense to the action.</p>