Turner

The action was for damages for false imprisonment and was tried without a jury. The court awarded the plaintiff the sum of $450, and from the judgment the appeal has been taken. The gist of the action is shown by the following allegations of the complaint: “On the twenty-first day of August,. 1918, at and in the said town, the said J. J. Turner, with force, and without any public offense having been committed or attempted in his presence by the plaintiff, and without an order, warrant, or process of any court so to do, did seize and arrest the plaintiff on a pretended charge of vagrancy and did then and there, against the will of the plaintiff, imprison him in the town jail of said town and there restrain him of his liberty for a space of five hours; that at the time of said arrest and imprisonment of the plaintiff as aforesaid, the said J. J. Turner, by virtue of his official duties as marshal as aforesaid, was the custodian of said jail and in charge of and using the same for the confinement of prisoners; that the plaintiff submitted to said seizure, arrest, and imprisonment by reason of the fact that the said J. J. Turner was then and there marshal as aforesaid, and that said…