119 Ga. App. 101 | Ga. Ct. App. | 1969
Johnnie Moses Jacobs brought suit for false imprisonment against the Sheriff of Cobb County. Defendant took this appeal from the denial of his motion for summary judgment. The supporting affidavit of a deputy employed by defendant showed that a warrant issued for the arrest of a person named “Johnny Jacobs,” of a certain street address in Marietta, for violation of a sentence of probation. The deputy arrested plaintiff, Johnny Moses Jacobs, who resided at the address indicated on the warrant, as there was no other person named Johnny (or Johnnie) Jacobs at that address. Plaintiff’s petition showed that the person for whom the warrant was intended was Johnny W. Jacobs, of Carters-ville, Bartow County, Georgia. Held:
In Blocker v. Clark, 126 Ga. 484, 488 (54 SE 1022, 7 LRA (NS)
Judgment reversed.