Legal Opinion

Westberry v. Clanton

Supreme Court of Georgia

Decided September 22, 1911PublishedCited by 19 opinions

Action for damages. Before Judge Seabrook. Tattnall superior court. May 28, 1910.

1Opinion of the CourtEish, C. J.

1. At common law a public officer could not lawfully arrest without a'warrant for an offense not a felony, when not committed in his presence, excep't, as provided by the statute of Winchester, c. 4, an" arrest of any suspicious nightwalker might be made by watchmen; or a justice of the peace, by word of mouth, might authorize the arrest of one engaged in a riot not in the presence of the justice. 4 Bl. Com. *292; 2 Hawk. P. C. 127 et seq.; 2 Hale’s P. C. 85-86, 98; 2 Addison on Torts, § 802. See Porter v. State, 124 Ga. 297, 301 (52 S. E. 283, 2 L. R. A. (N. S.) 730).

2. The contrary not…

2Cases cited12 opinions

  1. Rich v. McInernySupreme Court of Alabama · 1893
  2. Porter v. StateSupreme Court of Georgia · 1905
  3. Cunningham & Son v. Baker, Peterson & Co.Supreme Court of Alabama · 1893
  4. Joiner v. Ocean Steamship Co.Supreme Court of Georgia · 1890
  5. Boles v. StateSupreme Court of Georgia · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Collins v. SadloCourt of Appeals of Georgia · 1983
  2. Sinclair Refining Co. v. MeekCourt of Appeals of Georgia · 1940
  3. Vlass v. McCraryCourt of Appeals of Georgia · 1939
  4. Brown v. Colonial Stores, Inc.Court of Appeals of Georgia · 1964
  5. Greenbaum v. BrooksCourt of Appeals of Georgia · 1964

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API