McCall v. McDowell
U.S. Circuit Court for the District of California
This was an action for false imprisonment, and by the stipulation of the parties was tried by the court without the intervention of a jury. The facts in the case are fully stated in the following findings of the court: First.
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This was an action for false imprisonment, and by the stipulation of the parties was tried by the court without the intervention of a jury. The facts in the case are fully stated in the following findings of the court: First. That on June 1, 18G0, the defendant, Charles D. Douglas, was a captain in the army of the United States, then serving in the state,of California, and that such defendant, as such captain, was then acting as commander at a military post, called Fort Wright, in the county of Mendocino, and state aforesaid. Second. That on the day and year aforesaid. at Potter Valley, in…
1Opinion of the Court
DEADX, District Judge.
On the trial of the issue in this action, by the court, the defendants were allowed to give evidence of the circumstances attending the promulgation of order Xo. 27, supra, and the consequent arrest and imprisonment of the plaintiff; not as a justification, but in mitigation of damages. From the evidence the court has found the fact to be, that the defendant, McDowell, issued the order which led to the arrest and imprisonment complained of, without malice or any intention to injure or oppress the plaintiff, but from good motives and considerations involving the public…
2Cited by10 opinions
- United States v. Fawaz Yunis, A/K/A NazeehCourt of Appeals for the D.C. Circuit · 1991
- United States v. ClarkU.S. Circuit Court for the District of Eastern Michigan · 1887
- In re McDonaldMontana Supreme Court · 1914
- State Ex Rel. Hand v. Superior Court for Grays Harbor CountyWashington Supreme Court · 1937
- Fluke v. Canton, Adjutant GeneralSupreme Court of Oklahoma · 1912
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