SEABOARD OIL CO. v. CUNNINGHAM

No. 5976.

51 F.2d 321 (1931)

SEABOARD OIL CO. v. CUNNINGHAM.

Circuit Court of Appeals, Fifth Circuit.

Application for Rehearing Denied August 7, 1931.


Attorney(s) appearing for the Case

Julian Hartridge, of Jacksonville, Fla., for appellant.

R. A. Hendricks, of Miami, Fla. (Hendricks & Hendricks, of Miami, Fla., on the brief), for appellee.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.


FOSTER, Circuit Judge.

This is a suit to recover damages for malicious prosecution and false arrest. Demurrers to the complaint were overruled, and issue was joined on a plea of not guilty. The case was tried to a jury, and resulted in a verdict in favor of appellee for $5,318, on which judgment was entered. Error is assigned to the action of the court in overruling the demurrers.

Undoubtedly it is essential for the plaintiff, in an action for false arrest...

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