Stephens v. Conley
Montana Supreme Court
'Appeal from District Court, Powell County; W. B. C. Stewart, Judge of the Ninth Judicial District, presiding. Action by Oram Stephens against Frank Conley. Judgment .for defendant and plaintiff appeals.
Read the full summary
'Appeal from District Court, Powell County; W. B. C. Stewart, Judge of the Ninth Judicial District, presiding. Action by Oram Stephens against Frank Conley. Judgment .for defendant and plaintiff appeals. First cause of action: The warden of the state prison is not permitted to ignore his duty under section 9742, Eevised Codes, or to abuse his discretion in regard to the exercise of his opinion as to when a prisoner is insane; and if he does so, and keeps and imprisons a violently insane prisoner in a cell with another prisoner, for the sole and only purpose of humiliating, oppressing, vexing…
1Opinion of the CourtJustice Holloway
The complaint attempts to set forth three causes of action for damages: (1) For assault and other personal indignities; (2) for false imprisonment; and (3) for malicious prosecution. Each charge arose out of transactions which occurred while plaintiff was imprisoned in the penitentiary, and while Conley was warden or contractor in charge of that institution.
After the cause was at issue and upon the trial, defendant objected to the introduction of evidence by the plaintiff, upon the ground that the complaint does not state a cause of action. This motion was sustained, and a judgment was…
2Cases cited35 opinions
- McCarthy v. De ArmitSupreme Court of Pennsylvania · 1881
- Wheeler v. NesbittSupreme Court of the United States · 1861
- Wall v. ToomeySupreme Court of Connecticut · 1884
- Woodward v. MurdockIndiana Supreme Court · 1890
- Hamilton v. Great Falls Street Railway Co.Montana Supreme Court · 1895
30 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Ellinghouse v. Ajax Livestock Co.Montana Supreme Court · 1915
- Plouffe v. Montana Department of Public Health & Human ServicesMontana Supreme Court · 2002
- Sheffield v. TurnerUtah Supreme Court · 2003
- Fauver v. WilkoskeMontana Supreme Court · 1949
- Federal Surety Co. v. Basin Construction Co.Montana Supreme Court · 1931
73 more not listed; retrieve them via the Exa API.