Appeal from Sebastian Circuit Court, Fort Smith District.

Edgar E. Bryant, Judge.

Action by Haglin against Apple and others for malicious prosecution and false imprisonment. The complaint contained two counts, as follows:

(1) “The above named plaintiff, complaining of the defendants above named, says: That on the 8th day of January, 1895, the defendants wrongfully and maliciously, intending to injure, humiliate and degrade this plaintiff, as well as to oppress and extort money or property from him, caused and procured M. D. Vance, justice as aforesaid, to issue a summons in a civil cause then pending before him, wherein Ike Apple was plaintiff, and this plaintiff, Alva B. Haglin, the defendant, commanding this plaintiff to immediately come before said justice, and show cause why he should not be punished for contempt in refusing to permit the execution of an order of said court to take pos session of certain property in said ease, as well as to be examined on oath concerning said property. That he immediately appeared before said court, and answered promptly, truthfully, and without evasion, all questions propounded to him concerning said property. That, notwithstanding his appearance and answers as aforesaid, said defendants did, on the 12th day of January, 1895, maliciously and with intent as aforesaid, counsel, advise and procure said justice to wrongfully adjudge plaintiff to be in contempt of court, because he did not deliver to said constable certain property, which was wearing apparel, and most of which he then had. in court upon his person, and wrongfully and maliciously, and with intent as aforesaid, counseled, advised and procured said justice to sentence him, the plaintiff, to pay a fine of ten ($10) dollars and costs, and to be confined in the Sebastian county jail, Fort Smith district, for the period of five (5) days. And said justice delivered him to the constable, who wrongfully held him in custody for the space of five hours, and then delivered him to the sheriff, who wrongfully received him in jail, and held him in custody for forty-eight hours. That in so doing the defendants acted maliciously and without probable cause. That on the 14th day of January, 1895, this plaintiff was brought before Judge J. H. Holland upon a writ of habeas corpus, and the legality of his imprisonment was inquired into, and said judgment directing his imprisonment was held to be ab - solutely void, and he was released, and said imprisonment is at an end. That he was forced to and did employ attorneys to procure his release, and to expend his attorney's fees and other necessary expense, the sum of three hundred and four dollars and forty cents ($304.40.) That he was otherwise damaged in the sum of ten thousand ($10,000) dollars. The premises considered, he prays judgment for $10,304.40 damages and costs.

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