UTLEY v. CITY OF INDEPENDENCE


240 Or. 384 (1965)

402 P.2d 91

UTLEY v. CITY OF INDEPENDENCE ET AL, HARDY

Supreme Court of Oregon.

Reargued December 9, 1964.

Affirmed May 19, 1965.


Attorney(s) appearing for the Case

Myron L. Enfield, Salem, argued the cause for appellant. With him on the briefs were Geo. A. Rhoten and Rhoten, Rhoten & Speerstra, Salem.

John Daniel Callaghan and Norma J. Paulus, Salem, argued the cause for respondent. With them on the brief were William G. Paulus and Paulus & Callaghan, Salem.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.


AFFIRMED.

GOODWIN, J.

This is an action for false arrest. The plaintiff was arrested upon a warrant issued by the defendant Hardy, who was the city recorder of Independence. Hardy issued the warrant without a sworn complaint having been filed. All defendants except Hardy were granted a nonsuit. The jury awarded the plaintiff $7,500, and Hardy appeals.

Because under the city charter the city recorder also serves...

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