Kenyon

The plaintiff was given judgment against the defendant in the sum of $1,000 as damages for his false imprisonment by W. F. Montgomery, city marshal of Red Bluff, on whose official bond the defendant was surety. The court found, among other things, as follows:

The plaintiff testified that at the time of his arrest he was and for three or four years prior thereto had been a resident of Sacramento; that he was then receiving $30 a week and expenses for driving a truck between Sacramento and Redding; that on February 15, 1925, between 3:30 and 4 o’clock in the morning, he was arrested in Red Bluff by the “night officer” of that city, Fred Griffith, who “called the sheriff and made reservations” for the plaintiff in the county jail, to which he was then taken and “locked up”; that between 8 and 9 o’clock of the same morning Montgomery appeared at the jail with a circular which contained a description of R. B. Kenyon and a request for Ms arrest for “desertion and nonsupport in Polk county,” Oregon; that the plaintiff demanded an immediate hearing, but received “no response”; that the sheriff “stated in the presence of Mr. Montgomery that I was not the man that the circular called for,”…