Smith v. Jones
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by Alfred Smith against Eli Jones and others. From a judgment for defendants and an order denying a motion for a new trial, plaintiff appeals. The facts aré stated in the opinion. The rule in regard to the protection of officers under process is that the process must be regular, and must state an offense.
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Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Action by Alfred Smith against Eli Jones and others. From a judgment for defendants and an order denying a motion for a new trial, plaintiff appeals. The facts aré stated in the opinion. The rule in regard to the protection of officers under process is that the process must be regular, and must state an offense. Frazer v. Turner 45, N. W, 411; .Clyma v. Kennedy, 29 Atlantic, 539: Linck v. Hester, 58 N. W., 1101; DeCourcy v. Cox, 30 Pac., 95. Where a complaint before a magistrate failed'to show an offense under the statute,…
1Opinion of the CourtCorson, J.
In March, 1901, the plaintiff was arrested upon a warrant issued by Frank Mellen, as justice of the peace in Valley Springs, in Minnehaha county, upon the complaint of Eli Jones, and executed by defendant G. H. Stone as the constable of said town. A hearing was had before the justice, and the plaintiff was held to bail for his appearance at the circuit court in the sum of $500. Before giving bail or being taken to jail by the officer under a commitment, a settlement was had of a certain matter between tbe plaintiff and the 'said Eli *340Jones, resulting in the dismissal of the action.…
2Cases cited11 opinions
- United States v. CookSupreme Court of the United States · 1872
- Randall v. BrighamSupreme Court of the United States · 1869
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Von Latham v. Libby & RowanNew York Supreme Court · 1862
- Murphy v. WaltersMichigan Supreme Court · 1876
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3Cited by9 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Burlington Transp. Co. v. JosephsonCourt of Appeals for the Eighth Circuit · 1946
- Robberson v. GibsonSupreme Court of Oklahoma · 1917
- Catencamp v. AlbrightSouth Dakota Supreme Court · 1977
- Ingraham v. BootonSupreme Court of Minnesota · 1912
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