76 So. 935 | Ala. | 1917
The first count of the complaint is for false imprisonment, while the second one is for a malicious prosecution. The defendant pleaded justification under legal process as to the first count, and which, if established, was a complete defense to said count for false imprisonment. Leib v. Shelby Co.,
As above noted, the defendant was entitled to the general charge as to the first count, and as the second count should have been submitted to the jury, the trial court erred in peremptorily instructing that the plaintiff was entitled to recover.
The judgment of the circuit court is reversed, and the cause is remanded.
Reversed and remanded.
McCLELLAN, SAYRE, and GARDNER, JJ., concur.