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Friday, November 4, 2022

M.F. Butler Facing Fourth Trial in Suit for Damages, Nov. 4, 1922

Damage Suit Is Won for the 3rd Time by Butler. . . Jury Awards Him $900 Damages This time; Defendants Appeal to Supreme Court

In Superior Court here this week M.F. Butler received damages to the amount of $900 from The Holt-Williamson Manufacturing company of this city. Butler sued for damages for alleged wrongful and malicious arrest. He was arrested more than a year ago by Edward Mazingo, watchman for the Holt-Williamson Company.

The jury answered all the issues in the affirmative, substantially as follows: That Mazingo, acting as agent for the Holt-Williamson Manufacturing Company, did arrest Butler; that the arrest was wrongful, without probable cause and malicious; that Butler is entitled to damages to the amount of $900.

This is the third time the case has been tried. The first time the jury awarded plaintiff damages to the amount of $1,500. Defendant appealed to the Supreme Court and that court sent the case back for a new trial.

The second time the case was tried in Superior Court the jury awarded a verdict of $1,000 in favor of plaintiff, but Judge G.W. Connor set the verdict aside.

After the jury rendered its verdict in this third trial, defendant moved for a new trial, but Judge W.M. Bond denied the motion, and the defendant appealed to the Superior Court.

From the front page of the Fayetteville Observer, Nov. 4, 1922

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