Smith v. Bryson

On Motion of Appellee for a Rehearing.

In the motion it is insisted this court erred in holding on the authority of Stromberg v. Hansen, 177 Minn. 307, 225 N. W. 148, 149, that the doctrine of trespass ab initio invoked by appellants in support of the judgment applied in a case “only when the. legal arrest is intentionally made and used as a cover to subsequent illegal conduct,” and attention is again called to cases cited by Bryson in his brief, which, it -is asserted, hold to the contrary. We have re-examined those of said cases accessible to us, to wit, Anderson v. Cowles, 72 Conn. 335, 44…