Williamson v. Wilcox
Williamson v. Wilcox
Opinion of the Court
delivered the opinion of the court.
Thére is testimony to the effect that after he had voluntarily appeared before appellant, as mayor of the town of Hazlehurst, appellee insisted or consented that the question of his violating the ordinances of the town should be at once disposed of, and that for this purpose he waived affidavit being made and warrant being issued. The legal effect of this evidence, if credited by the jury, should have been submitted to them on proper instructions from the court, as appellant sought to do. If this testimony was true, it established a complete defense to the action. For a purely private injury one cannot maintain a suit when he has consented to the act which produced the injury. The maxim, volenti non fit
Reversed.
Reference
- Full Case Name
- E. C. Williamson v. V. R. Wilcox
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- False Imprisonment. Action for, against mayor. Waiver of affidavit and writ. Instruction. E., as mayor of tbe town of H., fined Y. for an alleged violation of a town ordinance, without first having an affidavit against him or warrant for his arrest. Y. paid the fine under protest, and then sued E. for false imprisonment, and recovered a judgment against him. There was evidence to the effect that V. waived the making of an affidavit and the issuance of a writ, and the court was asked by E. to instruct the jury that if they believed from the evidence that such waiver was made they should find for the defendant, but the court refused to so instruct. Held, that the instruction should have been given, as the waiver if made constituted a good defense to the action.