Connolly v. Thurber Whyland Co.
Supreme Court of Georgia
Petition for injunction and interpleader. Before Judge Marshall J. Clarke. Fulton county. July 5, 1893. In March, 1893, Cooper was arrested by a policeman of the City of Atlanta, upon the charge of violating an ordinance of that city by being drunk and disorderly, was carried to the station-house, and the property on his person (consisting of money, promissory note, purse, pistol and watch; total value about $540) was taken from him and delivered to Connolly, who was chief…
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Petition for injunction and interpleader. Before Judge Marshall J. Clarke. Fulton county. July 5, 1893. In March, 1893, Cooper was arrested by a policeman of the City of Atlanta, upon the charge of violating an ordinance of that city by being drunk and disorderly, was carried to the station-house, and the property on his person (consisting of money, promissory note, purse, pistol and watch; total value about $540) was taken from him and delivered to Connolly, who was chief of police. While thus holding the property, Connolly was served with summonses in the following suits against Cooper:…
1Opinion of the Court
Lumpkin, Justice.
1. It can scarcely be doubted that where one charged with drunkenness and disorderly conduct is arrested by a policeman in a city, it is the duty of the officer, if the prisoner is so intoxicated as to be incapable of properly caring for money or other valuables on his person, to take possession of the same for safe-keeping and for the purpose of restoring them to the owner upon, or before, his discharge from custody. This duty might also devolve upon the arresting officer in some cases when the prisoner was not intoxicated; as, for. instance, when he was about to be confined…
2Cases cited2 opinions
- Commercial Exchange Bank v. McLeodSupreme Court of Iowa · 1885
- Born v. Williams & BrotherSupreme Court of Georgia · 1888
3Cited by12 opinions
- Grant v. NewsomeCourt of Appeals of Georgia · 1991
- Morgan v. RustSupreme Court of Georgia · 1897
- Kuehn v. FaulknerWashington Supreme Court · 1925
- Leake & Vandivander v. LaceySupreme Court of Georgia · 1895
- Hubbard v. GarnerMichigan Supreme Court · 1897
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