Aitken V. White

This appeal is taken in an action for damages for false arrest and imprisonment brought against three members of the Police Department of the city of Beverly Hills, C. H. Anderson, Chief of Police, Captain W. W. White, Chief of Detectives, and Sergeant Ray Borders. The cause was tried before a jury which brought in a verdict against defendant Anderson for $6,000 and against defendant White for $4,000. The jury also brought in a verdict "against" defendant Borders, but assessed no damages against him. Upon being sent out to reconsider their verdict as to defendant Borders, the jury again found for the plaintiff and assessed the sum of $10 as damages. Judgment was rendered on the verdicts. Defendant Borders tendered payment of the $10 judgment (which in the superior court carried no costs), but the tender was refused. Thereafter Borders' motion that the judgment against him be satisfied upon deposit of $10 with the clerk was granted in the law and motion department of the superior court. Thereafter the trial court denied defendants White and Anderson's motion for new trial upon plaintiff's consenting that the verdict against Chief Anderson be reduced to $4,000, the same amount as had been awarded against Chief of Detectives White. Subsequently defendants Anderson and White moved that the $4,000 judgment against them be declared satisfied by reason of the satisfaction of the $10 judgment against the joint tort feasor Borders. This motion was denied.