[DOWNLOAD] "Jones v. State" by In the Supreme Court of Mississippi # eBook PDF Kindle ePub Free

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eBook details

• Title: Jones v. State
• Author : In the Supreme Court of Mississippi
• Release Date : January 23, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Change of Venue — Torts — Convenience of Witnesses — When Motion Premature — Differentiation Between Malicious Prosecution and False Arrest and Imprisonment — Sheriffs — False Arrest in One County and Imprisonment in Another — Venue Where Portion of Cause of Action Arose. Change of Venue — Convenience of Witnesses — Time for Making Motion. 1. A motion for change of venue on the ground of convenience of witnesses can only be made and heard after the defendant has answered. Page 589 Same — Joining of Two Causes of Action One of Which Triable in County Where Action Brought Does not Deprive Defendant of Right to Change as to the Other. 2. Where defendant is entitled to a change of venue as to one of two causes of action alleged in the complaint, his right thereto may not be abridged by joining therewith another cause of action properly triable in the county in which the action was brought. Malicious Prosecution — False Imprisonment — Differentiation. 3. Malicious prosecution exists where arrest and imprisonment are brought about by legal process but the prosecution was instituted and carried on maliciously and without probable cause; whereas false imprisonment results where arrest and prosecution have been accomplished without legal process. Change of Venue — Malicious Prosecution — Complaint in Action for False Imprisonment Held not to Charge Malicious Prosecution. 4. Where a sheriff made an arrest in a neighboring county without a warrant and no judicial proceeding was pending in his county against the person arrested, the formers contention in an action by the latter commenced in the county of his arrest for false imprisonment, that the action was one for malicious prosecution and was therefore triable in defendants county held without merit. Venue — Action for Tort Triable in County Where Committed. 5. Actions for tort are properly triable in the county where the tort was committed. Change of Venue — Sheriffs — False Arrest and Imprisonment — Arrest in One County and Imprisonment in Another — Cause Triable Where Portion of Cause of Action Arose. 6. Under section 9094, Revised Codes 1921, providing that where an action is brought against a public officer for an act done by him by virtue of his office, it is triable where the cause or some part of it arose, where a sheriff made an arrest in a county other than his own without a warrant, there placing him in jail several hours, and thereafter transported him to his own county and detained him in jail there for some twelve days, at least a portion of several causes of action stated in such persons complaint against the officer and his sureties for false arrest and imprisonment arose in the county in which he was arrested, and therefore his action was properly triable there.

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