1787-11-13 (static/transcriptions/1787/11/297.jpg)

2. Viner Abr: pa: 7.
Case, for causing the Plaintiff to be arrested by a Constable, and falsely and maliciously charging her with a Felony before a Justice of Peace, and causing her to be committed to Bridewell, and put to hard labour. Per Holt Ch. J. It doth not set forth that he arrested her by his own authority, neither doth it appear to be a false Imprisonment, and therefore it is not an action of Trespass, but an action upon the case; and Judgement accordingly.
Holt’s Rep. 22. Pl. 20. Trin. 7 Annee, … v Slater.
It was said in argument in that case & not denied that yet.
Where the complaint is not of a bare Trespass but for some special Damages suffered by the arrest and Imprisonment, which are not the consequences of every arrest and Imprisonment, [or other such act] Case lies. Arg. Holt’s Rep. 22. In case of - - v Slater.
The true distinction seems to be that where any one not having himself any kind of [ILL] authority to arrest or distrain, persuades or procures another to arrest or distrain, he may be sued jointly with the immediate agent in an action of Trs vi & armis but if he is sued alone, the most proper action is an action on the case.