Alter v. Paul

• Decision Date: 21 September 1955
• Citation: 135 N.E.2d 73,101 Ohio App. 139
• Parties: , 72 Ohio Law Abs. 332, 1 O.O.2d 80 Russell V. ALTER, Plaintiff-Appellant, v. Ralph J. PAUL, Sheriff of Franklin County, and U. S. Fidelity and Guaranty Company, Defendants-Appellees.
• Court: Ohio Court of Appeals

Page 139

101 Ohio App. 139

135 N.E.2d 73, 72 Ohio Law Abs. 332, 1 O.O.2d 80

Russell V. ALTER, Plaintiff-Appellant, v. Ralph J. PAUL, Sheriff of Franklin County, and U. S. Fidelity and Guaranty Company, Defendants-Appellees.

Court of Appeals of Ohio, Franklin County.

Sept. 21, 1955.

Clifford F. Brown, Norwalk, for plaintiff-appellant.

Wiles & Doucher, Columbus, for defendant-appellee, U. S. Fidelity & Guaranty Co.

Clayton W. Rose, Jr., Columbus, for defendant-appellee, Ralph J. Paul.

MILLER, Presiding Judge.

This is a law appeal from the judgment of the Common Pleas Court rendered in favor of the defendants for the reason that a demurrer was sustained to the first cause of action upon the ground that the same was not commenced within one year after the cause thereof arose as required by R.C. § 2305.11. The question presented is whether the action is one for false imprisonment or whether it is included within the actions enumerated by R.C. § 2305.09, which may be brought within four years. This section provides:

'An action for any of the following causes shall be brought within four years after the cause therof accrued: years after the cause thereof accrued:

* * *

* * *

'(D) For an injury to the rights of enumerated in sections 2305.10 to 2305.12, inclusive, 2305.14, and 1307.08 of the Revised Code. * * *'

In order to determine the question presented it becomes necessary to look to the first cause of action of the second amended petition which provides as follows:

'Plaintiff for his cause of action against the defendant, Ralph J. Paul, alleges that on or about the 29th day of April, 1951, defendant, Ralph J. Paul, unlawfully and forcibly arrested plaintiff against the will of plaintiff and without a warrant, and without reasonable or probable cause therefor; that upon said false arrest plaintiff was imprisoned in the County Jail over night before plaintiff's final release approximately one day later; that no warrant ever was obtained by defendant for said plaintiff's false arrest, thereby unlawfully depriving plaintiff of his liberty.

'Plaintiff further alleges that said unlawful and false arrest, and subsequent confinement in jail, was malicious, and with wanton and reckless disregard of defendant's duty and of plaintiff's rights.

'Plaintiff further alleges that by reason of said unlawful, false arrest inflicted upon plaintiff, the plaintiff was greatly injured, to wit: plaintiff suffered indignities, humiliation, shame and anguish of mind by reason of said false arrest; that said false arrest has injured the character and reputation of plaintiff and much publicity has been given to said arrest; that plaintiff lost his employment as an auxiliary or deputy sheriff for Franklin County, Ohio, and as a result lost earnings of several hundred dollars or more annually; that plaintiff has been damages by reason of all of the foregoing in the sum of twenty five thousand dollars ($25,000.00).'

Consel for the appellant did not appear for oral argument, but he urges in his brief that the action is not one for false imprisonment but is for false...